Family Law

Family law is a comprehensive field of law that deals with an array of family and domestic relations issues, including marriage, divorce, child custody, child support, and much more. Working with an experienced attorney can assist you with making the tough decisions and allow you to make an informed decision about what is best for you and your situation.

Marriage – Whether you are anticipating marriage or recently married you may want to negotiate a contract between you and your significant other to outline what is expected from the marriage and what would happen if the marriage ended.

• Prenuptial agreements – These agreements are written contracts entered into prior to marriage enabling a couple to supersede default marital laws such as those governing division of property, retirement benefits, alimony, or even surviving spouse rights. A prenuptial agreement may not include language regarding matters relating to children, denial of alimony rights, or consequences of spouse’s appearance.

• Postnuptial agreements – These agreements are written contracts entered into after marriage enabling the couple to outline steps to reconcile and avoid divorce. A postnuptial agreement is carefully scrutinized due to the inference that one party is taking advantage of the other who wishes to stay married. However, this can be a pragmatic approach.

Divorce – A divorce is issued by the probate court in order to end a marriage. The process ensures that the couple considers issues such as alimony, child custody, child support, child visitation, division of assets, division of liabilities, and what happens to the marital home.

• No Fault 1A Divorce – This type of divorce is an uncontested divorce where both parties agree that the marriage has irretrievably broken down and cannot be repaired. There is an agreement, called a separation agreement, detailing child support, parenting time, alimony, child custody, and division of assets that both parties have agreed to. Once approved by the court your marriage is dissolved 120 days after the judgment date.

• No Fault 1B Divorce – This type of divorce is a contested divorce where one or both parties believe the marriage has ended but they are unable to agree about custody, support, and marital property matters. The parties participate is a negotiation process in order to complete a separation agreement. This is a longer process as the parties may never agree on all issues. When a complete separation agreement cannot be reached, the case will go to trial and the judge will make the final decision on undecided issues after hearing the argument from both sides. Once judgment is entered your marriage is dissolved 90 days after the judgment date.

• Fault divorce – This type of divorce is a contested divorce where the person seeking the divorce has alleged and must prove a specific reason for the divorce such as adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, impotency, or prison sentence of 5 or more years. This process is the most expensive and time consuming of all the divorce filings.

Children – Children present several unique legal issues including custody, support, visitation, caregivers, guardians, etc.

• Paternity – Paternity cases are used by unmarried fathers to establish his rights before seeking custody or support for a child. This is achieved through a court process in which the father proves his paternity or files a voluntary acknowledgement.

• Custody – Child Custody cases may be brought by either parent for sole or shared legal or physical custody. Court orders detailing the type of custody a parent has can be effective until the child is 21 if the child is still living with one parent and principally dependent on the parent or until 23 if enrolled in an education program.  

• Support – Child Support cases are brought to obtain financial support for the child. Child Support is determined by the Child Support Guidelines in Massachusetts. The Department of Revenue can assist with these payments by ensuring they get taken out of one party’s wages and sent directly to the other party for simplicity.

• Caregiver Affidavit – Caregiver Affidavits provide authority to someone living with the minor child besides the legal parent of the child. These documents allow the named individual to make education and medical decisions for the child without first conferring with the legal parent. Parents continue to retain their legal rights when using a Caregiver Affidavit; if fact, when a conflict occurs the parent’s decision supersedes the caregiver’s.

• Guardians – Guardians act as legal parents for minor children. Guardians possess all of the rights and responsibilities of a legal parent. Parents do not retain their legal rights when a Guardian has been nominated, which is why a court process is necessary.

Image Credit: Sandy Millar Unsplash