Divorce Law
9 Frequently Asked Questions on Divorce and Domestic Relations:
- When people are faced with an impending divorce, what are the questions that people have on their minds year in and year out?
- Can my spouse take all the assets?
- What assets are included in the “marital estate” and are all assets treated the same?
- Is property always divided equally?
- How are these property divisions done?
- Is there still alimony - and how long can I get it?
- Am I going to have to pay alimony - will it ever end?
- Will I get enough money to live reasonably?
- Will I be left with enough money to live reasonably?
- What about life insurance and medical insurance?
- How long will I be covered / obligated to maintain coverage?
- Is alimony the same thing as child support?
- How much child support will I have to pay, and for how long?
- What are my custody rights?
- Do mothers always end up with custody of the children?
- What’s the difference between “legal custody” and “physical custody” and what does “joint custody” mean?
- What are my visitation rights?
- Why are there no simple answers in Divorce?
There are no simple answers to these questions because you can’t just look these answers up in a book. Every case is different. The only way to start finding the answers to these questions is to start with a thorough consultation about the unique facts of your case. My goal is to resolve matters for my clients as favorably and quickly as possible, but some common factors apply to all my clients’ cases:
- Each person’s life is different: and because your situation is unique, the facts of your life will influence the outcome of your divorce. Of course, the answers to these questions are not always black and white. First of all, there are your particular facts and the current state of the law that applies to your case. This is why I always offer a free initial consultation. This allows us to meet to discuss your particular situation and to see if we can develop a good attorney-client relationship.
- The law is always changing: The Massachusetts Legislature enacts laws every session, as does the U.S. Congress. Then there is “case law”, which is the decision of the appeals courts interpreting those laws. Finally, there are the interpretations at the immediate level of the Probate Court by the Judge assigned to hear your case. I regularly attend continuing legal education seminars and lectures to keep up to date on new developments, as well as reviewing law journal articles and case law in this area of practice.
- Your case is about you. My goal is to help you effectively. I am here to listen to you and your goals and to advise you, bearing in mind what the current state of the law allows. I can also explain the perspectives of the particular judge who may be assigned to your case, and I can bring my fund of legal knowledge and practical experience to work on your behalf.
- Each person’s life is different: and because your situation is unique, the facts of your life will influence the outcome of your divorce. Of course, the answers to these questions are not always black and white. First of all, there are your particular facts and the current state of the law that applies to your case. This is why I always offer a free initial consultation. This allows us to meet to discuss your particular situation and to see if we can develop a good attorney-client relationship.
- Should I try to do this divorce by myself?
“Do it yourself” Separation Agreements look easy enough to prepare, but they can be risky because these documents can have lasting consequences that are contrary to your understanding and intentions. The language of your Separation Agreement can affect your future, and the wrong Separation Agreement terms can prevent you from getting a Modification later if your circumstances change. Also, poorly drafted language may be difficult for a court to interpret or enforce, leading to unnecessary future litigation.
If you’re thinking about doing your divorce yourself, ask this question: How many divorces have you been through? I’ve handled hundreds of divorces since 1982, and I can put my experience to work for YOU!
- What does the Probate and Family Court do?
Like all other courts, the Probate and Family Court is based on an “adversarial system” where the parties coming to the court are expected to prove their case, and follow the court’s rules. The court is not there to advise you, but to issue orders and judgments once it hears the facts presented by the parties.
The Probate and Family Court is the court that has specialized jurisdiction to handle cases involving family dissolution, separation and divorce. Divorce issues include property division, debt allocation, child custody, visitation and child support, as well as spousal support (alimony).
The Probate and Family Court also handles Modifications, where original judgments on child custody, visitation, and child support and alimony may be needed because the circumstances have changed since the original judgment or order was entered.
When a party has failed to comply with a court order, the Probate and Family Court also handles Complaints for Contempt, to enforce its judgments.
- How can a lawyer help if the Recession has changed my circumstances?
You could benefit from a “Modification” proceeding, especially if your income (or that of your ex-spouse) has changed lately. It’s not advisable to rely on your ex-spouse’s overlooking your inability to pay your current child support or other orders. Conversely, if the orders have not been changed by the court, and you’re not receiving what you should be paid, then you could benefit from a "Contempt Proceeding".
- Will I be helped or hurt by the new Child Support Guidelines, effective in 2009?
Because there is a new way of calculating child support payments under the new guidelines, how much child support you may end up receiving (or paying) may end up being quite different from what would have been ordered in 2008? The new child support guidelines will also affect who can obtain a Modification of an earlier child support order.
- How will I be affected once my children graduate from High School or College?
Many people think that child support ends when your children turn 18, but this is not usually the case. The Massachusetts Department of Revenue, which assists with child support enforcement, does not become involved with college expense contribution. It is dangerous to think that you can just stop paying or reduce child support payments when your child turns 18, without involving the Probate and Family Court, because the court will always go on the assumption that the parties will obey its orders, until and unless the parties seek a change in those orders. It’s also dangerous to rely on a verbal agreement over college contribution payments. Again, this is why the court should be consulted. You may think you are saving money by not involving the court when it’s time for your child to go to college, but this would be a mistake because the court could enter expensive orders against you if your spouse goes to court over the matter later. Not going to court in a timely fashion could jeopardize your rights and make things harder for your child, as well. This applies to both parents.
- Can I trust my ex-spouse’s or other biological parent’s Financial Statement?
Sometimes, claims made in a Financial Statement turned into the court needs to be investigated and verified. The Probate Court rules allow us to obtain documents and other background information in a child support enforcement case, and the Department of Revenue may not have the time to get all the background information available on a case. This is another reason why you should consider hiring an attorney to represent you.
- Will the Massachusetts Department of Revenue help me collect child support?
Yes, but . . . Some situations require individual attention to determine the amount of income and assets a person may have, and the DOR is not always in a position to devote a lot of time to your case. For example, the self-employed and people who earn commissions and stock options don’t have a fixed income, and figuring out how much they make can be complicated. You may need the individual representation that a private attorney can provide in these situations. Don’t be caught without the right court order / judgment to protect you and your family.
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LaRosa/Toland Law Offices
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Woburn, MA 01801-1869
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