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Massachusetts Divorce Lawyer
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Massachusetts divorce lawyer, Joshua Spirn understands that nothing can be more devastating or stressful
than going through a divorce or custody dispute.
Joshua Spirn & Associates can provide you with
the peace of mind you deserve during this
difficult time; and we have the expertise to
achieve the results you deserve.
FOR IMMEDIATE ASSISTANCE
CALL NOW!
800-975-5346
Divorce is never easy. People marry for many
reasons: love; pregnancy concerns; financial
security; emotional security; and immigration,
among other reasons. Unfortunately, approximately
50% of marriages end in divorce. Therefore, if you
are reading this, you are not alone.
Some of the most common reasons people divorce
are infidelity, abuse or simply because the
husband and wife have grown apart.
TYPES OF DIVORCE IN MASSACHUSETTS
Generally speaking, in Massachusetts, most, if
not all complaints for divorce are filed as an
irretrievable breakdown of the marriage or what is
commonly known as a no-fault divorce. There are
two ways to file for divorce in this manner (1)
Contested, or (2) Uncontested.
Generally, a contested divorce means that one
party does not agree to the divorce or the
proposed terms of the divorce such as, among other
things, custody, child support, visitation,
alimony or asset division. With this in mind, the
parties must proceed as if the case is going to
trial. This is a very expensive proposition
considering attorney's fees, costs and expenses.
On the other hand, an uncontested divorce
means that both parties have agreed to all of the
terms of the divorce. They have worked out all of
their differences and the details regarding, among
other things, custody, child support, visitation,
alimony and division of their assets. An
uncontested divorce is a very cost efficient
alternative. Therefore, when the parties approach
the attorney, all the attorney has left to do is
simply meet with the parties, draft the documents
and file them with the court.
BEGINNING AN ACTION FOR DIVORCE
In order to start an action for a contested
divorce, the attorney will prepare a complaint and
summons. Then the attorney will file the complaint
with the court and serve the summons and complaint
upon the other party to the action.
Meanwhile pending the outcome of the divorce,
a party may move or ask a judge to do certain
things. By way of example, one spouse may go into
court and ask the judge to issue an order for
temporary support; custody of the minor children;
visitation; or any other relief desired.
Once a complaint is filed, the defendant must
file an answer with the court and serve the answer
on the plaintiff within 20 days of service of
process. Then, the parties may engage in
discovery. That is, either party may send
interrogatories and request for documents, take
depositions, etc. Once discovery is completed, a
pretrial conference will be scheduled with the
judge to see if the matter can be settled. It is
at this point that many of the contested cases are
settled. Keep in mind that only about 3% of cases
actually go to trial.
PROPERTY
Massachusetts is an equitable division state
which means that all of the property, real and
personal, no matter what name is on the title,
becomes property of the marital estate. That means
everything from the heirloom given to you by your
great-grandmother to the house you purchased while
you were single, even if the house is in your name
only, becomes subject to division and
distribution.
Equitable division, however, does not mean a
50/50 split. For example, if the marriage is one
of short duration, say two years, and you bought a
house 10 years ago, your spouse may be entitled to
only 20%. However, if you purchased a house
together with your spouse, you may entitled to 50%
of the equity.
CHILD SUPPORT
Child support in Massachusetts is a very easy
calculation as the state legislature has come up
with a formula. Where the combined gross income of
both parties does not exceed $135,000.00 and where
the gross income of the non-custodial parent does
not exceed $100,000.00, simply plug the numbers
into the formula and the amount of child support
is given. A judge has minimal discretion to
deviate from the formula.
CUSTODY AND VISITATION
Men, like it or not, in Massachusetts, more
times than not, custody is going to the child's
mother unless you can prove that the child's
mother is an unfit parent. As the non-custodial
parent, you have a right to visitation and that
visitation cannot be withheld because of the
failure to pay child support.
There are many factors and dynamics that go
into a divorce. This information sheet has only
scratched the surface.
Note: While the information presented in this
fact sheet is accurate as of the date of
publication, it should not be cited or relied upon
as legal authority. It should not be used as a
substitute for reference to Massachusetts and
Federal law, both of which may be reviewed at
local law libraries. Finally, this fact sheet
should supplement, not be a substitute for, advice
of competent legal counsel.
If you have any questions for Massachusetts Divorce Lawyer, Joshua Spirn, contact him today.
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