Divorce Law

Divorce can be an emotionally stressful process. Our services include counseling you through divorce, legal separation, custody battles, paternity rights, child support, and division of property. We also offer prenuptial agreements and postnuptial property settlement services. Let us help you settle your family legal matters as quickly and painlessly as possible.

Divorce Considerations

Residency Requirements
If the grounds for divorce occurred outside the Commonwealth of Massachusetts, there exists a one-year residency requirement for the filing spouse. Otherwise, there is no minimum residency requirement when filing for divorce.

Venue
The Probate and Family Court in the county where either spouse is living at the time of the petition hears almost all divorce cases in the Commonwealth of Massachusetts.

Grounds
The no-fault ground for divorce in Massachusetts is the irretrievable breakdown of the marriage. Fault grounds for divorce in Massachusetts include, but are not limited to, adultery, impotence, imprisonment for over five years, and willful desertion for one year. Most divorces in Massachusetts are now no fault.

Major Issues

Child Custody
Massachusetts holds the rights of the parents equal to the happiness and well being of the children when making an order or judgment relative to custody. The court considers how the children's past and present living conditions affect their physical, mental, moral and emotional health. Legal custody refers to who will have a voice in deciding major issues involving the children: health, education and religion. Physical custody refers to who will be the primary caretaker for the children.

Child Support
Massachusetts’ Child Support Guidelines apply in virtually every case, unless special circumstances are present. The Guidelines use a formula that depends primarily upon the income of the two parties, the number and ages of the children, the amount of daycare cost involved, and the amount of medical insurance costs for the family. Child support continues until such time as the child becomes emancipated.

Alimony
Generally, in short-term marriages, alimony is often not required. In long-term marriages, however, alimony is used to equalize income. Moreover, if there will be a fairly long term payment of child support in middle class families, alimony is less likely to be ordered. If the marriage has had little impact on the wife’s earning capacity, alimony will be less, if any. The longer the marriage and the more disparate the earning capacities, the higher the alimony.

Marital Assets
Physical assets need to be identified and their value ascertained. The court seeks to make a "fair & equitable" division of all property acquired during the course of the marriage. The division of assets can be accomplished by selling property and dividing the proceeds or by division in kind employing set-offs of values one against another. Pension and retirement plans are marital assets.

Real Estate
The most substantial asset is usually the family residence. There are a number of ways to divide the property fairly, equitably and based upon the needs of the family.

Cost of Legal Proceedings
The divorce retainer ranges from $3,000.00 - $5,000.00. Retainers may need to be replenished depending on the amount of time and work involved with the case. Approximately 98% of divorce cases settle without having a judge conduct a trial, hear the evidence, and impose his/her judgment to resolve all of the issues. Some cases settle early, some late. Each divorce is unique and requires individualized attention.

The information you obtain at this site is not, nor is it intended to be, legal advice.