Family Law & Divorce

Our domestic relations practice focuses on representing clients in matters relating to traditional divorces, issues arising out of unmarried partner relationships, as well as same-sex marriage complexities. We handle issues involving alimony, child support, custody, modifications, restraining orders, paternity disputes, interstate support, interstate custody, parenting plans, and more.

This office is equipped to not only handle your divorce needs, but the resulting estate planning issues that arise from divorce proceedings. Many divorce attorneys have to refer their clients to other attorneys to handle estate planning issues. By having one law office handle everything, you will save a lot of time and expense in legal fees.

Many individuals lose sight of estate planning issues that can arise during and after a divorce. This is especially easy to do when a divorce has been less than amicable and you just want to put everything behind you and start over again. However, these issues can be extremely detrimental if left unattended. Most couples estate plans dictate that all of their property goes to the other spouse and that each of them is named as the legal representative of the other in the case of death, disability, or inability to make health care decisions. These serious issues should be dealt with at the same time of the divorce, or very soon after, to avoid future problems.

Wills: Your Will is not automatically revoked when you file for or obtain a divorce. Massachusetts has lengthy waiting periods during the divorce process in which you remain legally married to your former spouse. Unless your divorce agreement provides otherwise, your soon to be ex-spouse may inherit some or all of your assets, to the detriment of your children, parents or siblings. You should update your Will as soon as you know your marriage is over. You do not need your spouse's consent to change your Will. The Will provides for nomination of guardians for your children, executor of your estate, Trustees of your Trust, and the disposition of your assets on your death. Your choices may change as you dissolve your marriage.

Health Care Proxy: A health care proxy nominates someone to make health care decisions for you when you are unable to make them yourself. Your probably wouldn’t want your soon to be ex-spouse to make these decisions for you if you suddenly became incapacitated during or immediately following the divorce proceedings. Keep if mind, even if you have not executed this document prior to the divorce, that you remain legally married to your spouse until the final judgment of divorce is entered, something that can take many many months. During this time, your spouse would be legally able to make these decisions on your behalf, until a final judgment of divorce was entered.

Durable Power of Attorney: A durable power of attorney nominates someone to have access to your finances and assets, in case you are unable to do so yourself. The person you designate can do everything you could do for yourself, including simple check writing, collecting rents, repairing your home, the sale of your home or other assets, or changing/making investments. For the same reasons listed above, you would not want your ex-spouse to making these decisions for you.

Non-Probate Assets: In Massachusetts an automatic restraining order affecting non-probate assets takes effect upon commencement of legal divorce proceedings. This restraining order prohibits any changes in beneficiaries of life insurance, annuities, and certain retirement plans. However, until a Formal Proceeding is commenced, your spouse is free to change beneficiary designations. Certain retirement plans covered by ERISA are excluded. An investigation should be made into which ones can be changed without spousal consent. All changes must be final before formal proceedings are filed, or you may face harsh results as you will be violating the automatic restraining order.

1. Client interview: Meet with your divorce attorney to provide basic information such as date of marriage; names and birth dates of children and spouse; determine debts/assets; amounts/sources of income for both parties; and your other personal goals. A fee agreement will be discussed, which will estimate fee and other costs. Once a fee agreement is signed, you will pay a retainer.
    
2. If you have not already done so, inform your spouse of your intentions to divorce and that you have retained an attorney. If your spouse is abusive, have your attorney deal directly with your spouse.
    
3. A Complaint for Divorce will be filed with the Probate and Family Court and a summons and copy of the complaint will be served on your spouse.
    
4. Financial statements and other information must be exchanged. This stage of the case is called "discovery." During discovery an investigation is conducted to gather pertinent information related to the case.
    
5. Motions (written requests to the court) for temporary orders may be filed by your attorney and served on your spouse if you need to deal with payment of bills, parenting issues, including child support, alimony, use of the marital home, etc. The court will not divide assets at this stage.
6. Hearings on motions will take place after your spouse is notified, unless there is an emergency, like abuse of a child or spouse.
    
7. Temporary orders can be issued by the Probate Court after a hearing. Both parties will have a chance to speak through their lawyers. You are not legally required to hire an attorney and may speak for yourself.
    
8. Pretrial Conference: If your case has not been settled after discovery is finished, a pretrial conference will be scheduled with the judge. Prior to meeting the judge, you and your spouse will meet in person with your lawyers to attempt to negotiate any disputes. If you do not reach an agreement, your attorney will prepare a pretrial memorandum summarizing the relevant facts and law of your case.
    
9. Pretrial Conference: The judge will read the pretrial memoranda prepared by the attorneys and will give an oral opinion.
    
10. Trial: If the parties do not come to an agreement based on the judge's opinion in the pretrial conference, the attorneys will request a trial date. Scheduling the trial can be many months away.
     
11. Proposed Findings of Fact, Rulings of Law and Judgment: Your lawyer prepares and submits what you would like the judge to do after trial.
     
12. Judgment of Divorce Nisi: This is the initial judgment that the judge enters after trial. These judgments can take several months and even then, the divorce is NOT final at this point!!! The judgment will include rulings on child custody and support, alimony, division of assets, etc.
     
13. Judgment of Divorce Absolute: This final judgment enters automatically 90 days after the judgment of Divorce Nisi.