“Jill was absolutely amazing! We were lucky to find her after having awful experiences with 2 other attorneys that didn’t seem to care or give us the time (they definitely took our money though). Dealing with custody issues is a very emotionally overwhelming experience, so having an attorney that cares and actually wants to help you and your family makes all the difference. We will be using her in the future if anything else ever comes up!”
by Nicole D., a Family client
In the state of Massachusetts, domestic violence laws include physical harm or the intent to physically harm, the infliction of fear of physical harm, and involuntary sexual relationship against a family or other household member. This crime is especially serious if the victim was violated by the suspect while a protective order was in place.
• people who are or have once been married
• individuals that have children together
• individuals that are related through marriage or by blood
• individuals who live together are have lived together, such as roommates
Assault can range from actual physical harm or the intent to commit physical harm against another individual. This means that even a serious threat to commit physical harm can be considered assault. Simple assault is in itself a crime, but in Massachusetts, assault against a family or household member is considered a much more serious offense. [Read more…]
Family law disputes such as divorce, child custody, visitation, spousal support are often emotional and can be stressful. When two parties cannot agree, they may believe taking their case to court is the only option. However, litigation is expensive and can be a very lengthy process. Additionally, the courtroom environment empowers the judge to make decisions instead of allowing the two parties involved to decide what is best.
There are viable alternatives to litigation and these options often allow the parties involved to determine what works best. Consider these effective alternatives.
1. Use a Mediator. Mediation is a productive way for each party to discuss, debate and decide for themselves the issues that are important to them, including child custody, financial support and property division. A professional mediator is a neutral facilitator. Through a series of meetings, the mediator will draft a document outlining what was agreed upon. That document will then be submitted to the court for approval. It is not a legally binding document until approved by a judge. Since a mediator cannot give legal advice, it’s often recommended that both parties consult an attorney to discuss their individual rights and the consequences of certain decisions within the agreement drafted by the mediator. [Read more…]
In Massachusetts, anyone who is no longer happy in their marriage can get a divorce for just about any reason. However, there are some cases where the marriage should not be legally recognized in the first place. In these situations, an annulment may be the best option. Understanding the annulment process in Massachusetts can help determine if this is an option for you to consider.
Who Qualifies
In general terms, couples qualify for an annulment in Massachusetts based on social or religious reasons. Some of the most common reasons for granting an annulment over a divorce include:
Divorce is a challenging time for both spouses. So many factors involving the outcome can have lasting effects. Alimony is no exception. Alimony refers to a specified amount of money paid to one spouse by the other spouse during and after divorce. The purpose is to help the lower-earning spouse maintain a reasonable standard of living. One of the most popular questions asked is, “can remarriage discontinue alimony?” A change in the Massachusetts alimony law in 2012 clarified that provision and several others. Consider these four frequently asked questions about alimony and remarriage in Massachusetts.
The main consideration in calculating alimony in Massachusetts is each spouse’s income or income ability. However, many other factors are at play when a court determines how much alimony a spouse is required to pay. While the actual amount is usually a percentage of the paying spouse’s income, the following factors are also considered:
When deciding to pursue a divorce in Massachusetts, certain processes must be completed by each party in an effort to fairly divide marital assets and debts. Financial disclosure procedures play an integral part in the divorce process. The information gathered by disclosures can affect the outcome of a divorce, and according to Massachusetts law, these rules must be followed exactly to ensure each party receives what they are due.
If you or your spouse’s salary exceeds $75,000 a year in gross income, you must complete the Financial Statement Long Form. The long form is substantial, and it will take some time to properly fill out. This form will require you to provide proof of income from a variety of sources. For instance you must disclose base salary information including any overtime you preformed, tips you made, bonuses paid, or commissions from sales. In addition, information must be provided regarding self-employment, funds from disability or Welfare, and interest made on investment accounts. The Long Form will also require you to disclose your debts such as business expenses and deductions for household utilities and health insurance. [Read more…]
Attorney Answer:
The divorce process can oftentimes prove to be a long and drawn out process especially when it is filed as a contested divorce under Massachusetts’ contested divorce statute. Delay in the process is common when there are highly contested issues regarding child custody, child support, alimony, and/or division of the marital assets etc. When parties cannot come to an agreement on these issues, the process is set on track by the court and can sometimes take longer than a year or more to resolve as there are typically multiple court hearings that parties must attend as well as extensive discovery procedures that must be completed prior to trial.
On the other hand, finalizing a divorce is usually much timelier and more cost efficient when filed under Massachusetts’ uncontested divorce statute. The reason for a more time efficient result is because it is much easier to schedule an uncontested hearing as all of the other required formalities are usually completed prior to or simultaneous with filing of the uncontested petition. Thus, an uncontested divorce can oftentimes be finalized in just a few months of filing for divorce.
Massachusetts has enacted new child support guidelines effective August 1, 2013.
Child support is ordered in custody cases to ensure the child is properly cared for by both parents. The two issues are considered separately, though. Whether you are the person who is supposed to pay support or you are receiving the support, it is essential to understand how it works in Massachusetts.
Child support is typically determined based on a variety of factors that are unique to each set of parents. Some of these factors include:
In most cases, the state will determine the amount of support that must be paid to ensure the child has a reasonable quality of life in both homes. Some support obligations are paid through wage garnishment by the Department of Revenue, while other support orders require the payor to pay the recipient directly.
As many business owners here in Massachusetts know, a marriage is not guaranteed to succeed. Some may last for decades before failing, others just a few years. But no matter how long the marriage existed, its demise can have a profound effect on a business – unless the business owner took steps ahead of time to minimize the impact a divorce would have on it.
One of the best ways to minimize the impact is with a prenuptial agreement. In most cases, Massachusetts’ law upholds the terms of a prenup – so agreeing ahead of time on how things will be handled should a divorce occur can prove invaluable in protecting a business and its assets. Even in states like Massachusetts which considers a variety of factors when deciding how to split a couple’s assets, a prenup can help protect a business that would not otherwise be protected. In order to ensure that the prenup won’t fold under pressure, it needs to be drawn up under the following conditions:
Often litigants are faced with making the decision of settling a divorce matter under their agreed upon terms or taking the case to trial to be heard and decided by the Judge.
The decision is certainly not always clear, but from a practitioner’s standpoint there are numerous factors for a client to consider:
Always assess the situation and determine if your unwillingness to settle is the result of your hurt feelings or even feelings of bitterness. If so, as hard as it is to put your feelings aside and look at the actual issues, sometimes once this is done it becomes much easier to see what is actually important and worth fighting over.
Keep in mind that in many cases the cost of trial can exceed the value of the assets or issue in dispute. Trial can and does often cost tens of thousands of dollars. This is an extremely important factor to keep in mind when considering trial over settlement.
Always remember that up until trial, you and your spouse retain the final decision making authority regarding your entire case. However this all changes the moment you decide to go to trial. By going to trial you are telling the Court that despite your best efforts you were unable to come to terms on resolving the issues and therefore need the Judge to decide them for you. Be aware that you still may not be necessarily pleased with the Judge’s decision post-trial. By going to trial you are essentially giving up your right to retain control over the outcome of your case, and instead placing the decision making authority in the Judge’s hands. You are in essence asking the Judge to determine the terms by which you will ultimately have to live by.
Cote Law Group
800 Turnpike Street, Suite 300
North Andover , MA 01845
ph: 978-689-1841
fax: 978-824-7550
Family Law | Divorce | Divorce Mediation | Serving North Andover MA | Boston North Shore | Essex County MA
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