We are located in Newton, Massachusetts just minutes from Boston. Clients come from areas including Boston, Brookline, Cambridge, Waltham, Needham, Weston, Belmont, and Natick.
Divorce:
1. Contested
A contested divorce is necessary if you and your spouse do not agree about divorcing, about how to divide your assets and debts, about who will have custody of your children, or about how much child support and/or spousal support (alimony) should be paid. The majority of cases that begin as contested divorces conclude as uncontested cases after the parties reach an agreement on these issues.
2. UncontestedA divorce is uncontested when you and your spouse agree on all issues including:
3. Collaborative- that your marriage is over
- how to divide your assets and debts
- who will have custody
- how visitation will be structured
- the amount of alimony and child support
A collaborative case is one in which the parties work together with their lawyers, before filing anything in court, to resolve all of the issues in their case. Other professionals are often involved in the meetings between the parties, including psychologists, accountants, and financial planners. Once an agreement is reached, the parties file it with the court, and proceed to judgment.
Prenuptial Agreements
A prenuptial agreement is a contract entered into prior to marriage by the people intending to marry. The content of a prenuptial agreement can vary widely. It commonly includes provisions for division of property and spousal support in the event of a divorce. Both people should prepare and share financial statements, and have their own attorney, for the agreement to be enforceable in court.
Contempt Actions
When one party willfully disobeys a court order, the other party can file a complaint for contempt to get the order enforced. If the order is not clear and unequivocal, the party cannot be held in contempt. When bringing a complaint for contempt, the party can ask for attorney fees as part of the action. The simplest way to avoid being held in contempt is to fix the problem if possible. If money is owed, paying the money will usually resolve the issue. If visitation was missed, offering make up time is wise. Punishment for being found in contempt can include a fine, an award of attorney fees to the other party, or jail time.
Modifications
A modification is filed when one, or both, of the parties to a court order want to get it changed. There are several legal requirements, including a material change of circumstances and if children are involved, the change sought must be in their best interest.
Custody
Custody has two components: legal custody and physical custody. The first relates to decision making, the second to where the child(ren) live. Custody can be sole or shared.
Child Support Cases
Each state has their own criteria to determine child support. A mathematical formula is utilized which takes the income of the parties and the number of children into account in the calculation. Sometimes the court will deviate, or set child support at a different amount, based upon the facts in the case.
Alimony Cases
Alimony is also called spousal support. There are several different types including general term, rehabilitative, reimbursement and transitional. Not all types of alimony are legally permissible in all cases; it depends upon the circumstances of the parties, how long they were married, and other factors. If alimony is appropriate, the amount is determined by utilizing a mathematical formula for general term alimony, which is the most commonly awarded type. The duration of the alimony depends upon which type is awarded, and how long the parties were married.
Paternity Cases
A paternity case is filed when an unmarried couple has a child together, and they have unresolved legal issues, such as custody, visitation, and child support. If the paternity of the child is at issue, the court can order a test to resolve this.
Property Division
Under the laws of the Commonwealth of Massachusetts, property division is achieved by equitable distribution of the marital assets and marital debts.
Mediation
Sometimes the parties to a legal case will utilize a third party, a mediator, to help them settle disagreements, and resolve them without a trial. The parties may attend mediation on their own, or with their attorney(s).
Litigation
If the parties are unable to agree upon an issue or issue(s), they bring the case before the court, and the judge decides how to resolve the issue. Litigation encompasses both hearings and trial depending upon the stage of the case.
209A restraining order
A “209A” Restraining Order can be requested in either the local district court, or in the probate and family court where the requesting party resides. An emergency order can be put in place on a temporary basis without giving the other side notice. A follow up hearing is scheduled 10 days later with notice to the defendant. At this hearing, the restraining order will either be dismissed or extended, usually for one year. Restraining orders can be renewed on their expiration dates. Attorney Spetter helps people to obtain and renew their restraining orders.
Grandparent Visitation
Under certain circumstances, such as a divorce or the death of a parent, grandparents can obtain visitation with their grandchildren. The legal standard is stringent. The parent’s decision is presumed to be valid (about whether to permit visitation), and the court must find that the children and grandparent have a significant preexisting relationship and that failure to provide visits will cause the children significant harm.