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.