SOUTH SHORE DIVORCE LAWYER
781.331.1500
Massachusetts Divorce Law encompasses a wide array of subject matters, including contested divorces, uncontested divorces, asset division, alimony, child custody, child support and parenting time (formerly known as visitation). As a practicing lawyer with more than 25 years of experience, I offer representation in all areas of Massachusetts Divorce Law.
Contested and Uncontested Divorces: Massachusetts Divorce Law recognizes two types of divorces: contested and uncontested. An uncontested divorce refers to a situation where the parties have reached an agreement as to all issues. Where the parties are not able to make an agreement, they must proceed with a contested divorce. No matter which path the parties choose to take, the following are some of the issues that are encountered.
Assets and Debts: Under Massachusetts Divorce Law, all of the marital assets and debts must be accounted for and divided between spouses. The courts will divide the assets and debts depending upon what it considers to be equitable or fair. This does not necessarily mean an even split. There are a number of factors the Court must consider in deciding what is a fair and equitable division. Assets include inheritances, injury settlements as well as the home, cars, jewelry, retirement and pension plans, stock accounts, certificates of deposits, banking and checking accounts.
Alimony: The payment of alimony is frequently a divisive issue. Whether a spouse will receive alimony under Massachusetts divorce law will depend upon a number of factors. These include, but are not limited to, the age and health of the parties, the length of the marriage and the earning capacity of the spouses. For example, a wife of 25 years who gave up a career in order to raise the children is likely to receive alimony. Alimony can be paid in periodic payments or in a lump sum. Alimony payments received are considered taxable income. A spouse making alimony payments receives a tax deduction for same. The new alimony law places limits on the amount and duration of alimony payments.
Child Custody: Under Massachusetts Divorce Law, child custody determinations are based upon what is in the children’s best interest. There are two types of custody, legal and physical. Legal custody means the right to make decisions concerning the children’s health, education and welfare. The courts tend to favor joint legal custody unless the parties are not able to make decisions amongst concerning the children. Physical custody refers to the location where the children will be residing. The courts can decree that mother and father will have shared physical custody where it is physically possible. Where custody is disputed, the court will take into consideration the wishes of the children if they are mature enough to make such a choice.
Child Support: Massachusetts Divorce Law requires the payment of child support where minor children are involved. A child support obligation is based upon the guidelines set out by the court. The amount of support to be paid will depend upon how much money the parties make and taking into consideration who is paying the health insurance. Notwithstanding the child support guidelines, the parties are always free to make their own agreement concerning child support. Support orders should take into consideration the cost of the children’s extra-curricular activities.
Parenting Time: The courts encourage the parents to reach an agreement concerning parenting time (formerly called visitation). Where the parents are unable to do so, the courts have wide discretion in deciding what is best for the children. When creating a parenting time schedule, the parties should take into consideration holidays such as Christmas Eve, Christmas Day, Thanksgiving, Mother’s Day, Father’s Day, birthdays and school and summer vacations. The agreement should incorporate some degree of flexibility in view of the ever changing schedules, particularly as the children grow older.
The above is a general discussion of Massachusetts Divorce Law. To find out how the law applies to the specific facts of your case, feel free to contact me at 781.331.1500, by e-mail at [email protected]. or use the contact form. The initial consultation is without charge.
781.331.1500
Massachusetts Divorce Law encompasses a wide array of subject matters, including contested divorces, uncontested divorces, asset division, alimony, child custody, child support and parenting time (formerly known as visitation). As a practicing lawyer with more than 25 years of experience, I offer representation in all areas of Massachusetts Divorce Law.
Contested and Uncontested Divorces: Massachusetts Divorce Law recognizes two types of divorces: contested and uncontested. An uncontested divorce refers to a situation where the parties have reached an agreement as to all issues. Where the parties are not able to make an agreement, they must proceed with a contested divorce. No matter which path the parties choose to take, the following are some of the issues that are encountered.
Assets and Debts: Under Massachusetts Divorce Law, all of the marital assets and debts must be accounted for and divided between spouses. The courts will divide the assets and debts depending upon what it considers to be equitable or fair. This does not necessarily mean an even split. There are a number of factors the Court must consider in deciding what is a fair and equitable division. Assets include inheritances, injury settlements as well as the home, cars, jewelry, retirement and pension plans, stock accounts, certificates of deposits, banking and checking accounts.
Alimony: The payment of alimony is frequently a divisive issue. Whether a spouse will receive alimony under Massachusetts divorce law will depend upon a number of factors. These include, but are not limited to, the age and health of the parties, the length of the marriage and the earning capacity of the spouses. For example, a wife of 25 years who gave up a career in order to raise the children is likely to receive alimony. Alimony can be paid in periodic payments or in a lump sum. Alimony payments received are considered taxable income. A spouse making alimony payments receives a tax deduction for same. The new alimony law places limits on the amount and duration of alimony payments.
Child Custody: Under Massachusetts Divorce Law, child custody determinations are based upon what is in the children’s best interest. There are two types of custody, legal and physical. Legal custody means the right to make decisions concerning the children’s health, education and welfare. The courts tend to favor joint legal custody unless the parties are not able to make decisions amongst concerning the children. Physical custody refers to the location where the children will be residing. The courts can decree that mother and father will have shared physical custody where it is physically possible. Where custody is disputed, the court will take into consideration the wishes of the children if they are mature enough to make such a choice.
Child Support: Massachusetts Divorce Law requires the payment of child support where minor children are involved. A child support obligation is based upon the guidelines set out by the court. The amount of support to be paid will depend upon how much money the parties make and taking into consideration who is paying the health insurance. Notwithstanding the child support guidelines, the parties are always free to make their own agreement concerning child support. Support orders should take into consideration the cost of the children’s extra-curricular activities.
Parenting Time: The courts encourage the parents to reach an agreement concerning parenting time (formerly called visitation). Where the parents are unable to do so, the courts have wide discretion in deciding what is best for the children. When creating a parenting time schedule, the parties should take into consideration holidays such as Christmas Eve, Christmas Day, Thanksgiving, Mother’s Day, Father’s Day, birthdays and school and summer vacations. The agreement should incorporate some degree of flexibility in view of the ever changing schedules, particularly as the children grow older.
The above is a general discussion of Massachusetts Divorce Law. To find out how the law applies to the specific facts of your case, feel free to contact me at 781.331.1500, by e-mail at [email protected]. or use the contact form. The initial consultation is without charge.
