Going through a divorce is a very stressful time for you and your family.  The Family Law Offices of “The Attorneys” in Boston has the expert knowledge to get you through the divorce process as quickly as possible without sacrificing expertise or aggression.  You have rights and we will fight for them from beginning to end.  You do not have to go through this terrible time alone.  Going through a divorce can take an emotional toll on you, and that can cloud your judgment on important decisions that need to be made.  Some of the laws are confusing and our attorneys will explain them to you in language you can understand.

Definition of divorce in Boston
Divorce or dissolution of marriage is when a court declares that a marriage no longer exists.  There are two types of divorces:

1. In an uncontested divorce, both parties agree that the marriage is over; sign a joint separation agreement without going to court, and then try to resolve all financial and child custody issues.  If there are any areas that cannot be resolved, then the court will get involved.

2. In a contested divorce, the party seeking dissolution must prove grounds for divorce.

Steps to be taken

• A Complaint for Divorce must be filed at the Probate and Family Court in the county where you live.
• This document asks the court to dissolve your marriage.
• The document will then be served on your spouse.
• Once your spouse is served, the Massachusetts Supplemental Probate Court Rule 411 will take effect:
  • It states that neither one of you are allowed to sell, transfer, conceal, reassign or remove any property (real or personal) that was acquired during the marriage.
  • You are allowed to use money to pay for day-to-day living, attorney fees, etc.  However, these expenses will be in a written agreement signed by both parties and the court.
• At this point, both parties can either agree to settle or proceed to trial.
  • If you settle, a settlement agreement will be drawn up.
  • If you cannot agree on a settlement, you will go to court and the judge will decide on legal issues pertaining to child custody, alimony, property.

Next Steps

• Your first court appearance is a hearing regarding temporary orders.
  • The court will make a temporary decision on who will have the children, your cars, money, and house.
• Once both parties fills out a financial statement, showing all expenses, you, your spouse, and both attorneys will meet to discuss agreement before taking to the judge.
• You must be fully prepared to state what you want at this hearing.

Issues
Discovery

• Once all temporary orders are established, the discovery stage begins.
• Both sides share information regarding the division of the marital estate.
• Forms of discovery are: Interrogatories, Request for Production of Documents, and Depositions. 
  • Information you will need to have:
    • Financial statements - bank, loans, stocks, pension, etc.
    • Income tax returns
    • Wills
    • Life insurance
    • Outstanding debts – cars, credit cards, medical bills, home expenses

Settle or Trial?

• Once discovery is complete, negotiations will begin to reach a settlement without going to court.

• If a settlement can be reached without going to court, a costly trial can be avoided.

• A pretrial will be scheduled – Attorneys will advise judge on what parties agree to and what they disagree to.  The judge will help in reaching an agreement.
• The judge will rule on all legal issues (financial and child custody), a document will be drawn up and signed by all parties - filed with the court.

• If your case isn’t settled, it goes to trial before a judge. 
• This is the most expensive, and you have the least control.
• The judge decides, and that’s it.

Child Custody
The court’s decision for custody will be decided by what’s best for the child or children and not the preference of the parents.

• Legal – best for your child everyday
  • Medical care, religion, schooling
  • Granted to both parents or just one

• Physical – where your child lives most of the time
  • The child can live 50% at one house and 50% at the other house or
  • One parent can have sole physical custody and the other will have visitation rights where the schedule is determined by the court.

Child Support

• Support issues are always a big issue when it comes to divorce.  Our attorneys will give you the advice you need to determine your rights and responsibilities when it comes to your child or children at this time.

• According to Massachusetts Child Support Guidelines, child support is determined by using a formula plus the gross income of the noncustodial parent.

• Certain circumstances (i.e. hardships, special needs) might increase or decrease the amount you have to pay, but for the most part, these formulas are not flexible.

Spousal Support or Alimony

• Spousal support or alimony is generally based on the financially weaker spouse's needs.
• Alimony is an income substitute and you do not need to have children to receive alimony.
• The one who pays the alimony can report it on their taxes and the one who receives it, must declare it as income.
• Spousal support is negotiated and settled the same time as the property division issues.
• Both men and women are entitled to alimony.
• This has nothing to do with the child support amount

Property

• In cases involving couples without children, property division and the division of marital debt represents the most significant issues for resolution.

• We can help you with property distribution and asset protection, such as:

• Determine if property is marital or separate from marriage
• Trust funds
• Investment assets
• Receiving credit for payment of student loans
• Determine the value of residential real estate and jewelry
• Making sure each party has disclosed their assets
• Property division is resolved at the time of spousal support.

Conclusion
While many divorces can be settled amicably, it is never easy for either party.   The divorce attorneys at the Law Offices of “Attorney Name” have represented hundreds of clients successfully.  Call us immediately to set up a free consultation.  Let us help you get your life back.

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