FAMILY LAWGetting divorced is a highly emotional time and rife with potential problems. If children are involved issues of custody and child support are often foremost on people's minds. Here are a few commonly asked questions about the divorce process.
Do I need a Lawyer?
NO. There is no requirement to have a lawyer represent you in a divorce proceeding. However, having an attorney may help ensure you get what you are entitled to. Everyone's situation is different and depending on the assets you and your spouse own, the number of years you have been married, the number of children, and the roles each of you played in the marriage may all affect how your case develops.
What is the difference between an uncontested and contested divorce?
In Massachusetts there are two possible ways to file for a divorce; (1) Uncontested and (2) Contested. An uncontested divorce is a joint filing between the two parties. Unlike a contested divorce, the two parties must reach agreement on all issues before the Joint Petition is filed with the court. In a contested type of case, one party files a Complaint for Divorce against the other party. This case may be settled if the party's reach agreement prior to trial.
What is the difference between physical custody and legal custody?
Legal custody gives the parents rights to make major decisions about their child. Unless abuse has occurred, in most cases the parents will have Joint Legal Custody of the minor children. Physical custody refers to who has the children live with them. In some cases there may be joint physical custody with a shared physical arrangement between the parties. In other cases, one parent may have primary physical custody with an established visitation schedule for the other parent.
How is Child Support calculated?
Child support is established by the Massachusetts Child Support Guidelines. Some deviation may be allowed from the guidelines depending on the disparity of income between the parties and needs of the children. (Click here for more info)
What is Alimony?
Alimony is paid by one spouse to the other in order to help equalize the financial disparity between the two parties after their divorce. Alimony can be ordered for men as well as women. Unlike child support however, alimony is not set out per guidelines and for that reason is less predictable. As a general rule, the longer your marriage the more likely alimony may be a factor in the settlement. However, if child support is also being paid, an award of alimony may be difficult to achieve.
How much will it cost me?
How much you spend on your divorce depends in large part on the nature of the dispute between the parties. If there are significant assets such as multiple homes, private businesses, stocks, etc., the cost to both parties may be high. However, in the end, it is the willingness of the two people to agree on issues of property division, child custody and support that ultimately govern how costly and lengthy your divorce case will be.
Is Mediation an option?
Divorce mediation can be an excellent alternative to the standard contested and hard fought divorce proceeding. If you and your spouse are willing to work toward a solution mediation can save you thousands of dollars, save you months of long drawn out litigation headaches, and ultimately help you achieve a result that you both can live with. A standard contested divorce with child custody and alimony issues can cost upwards of $15,000 each! A divorce mediation can usually be done for $1500-$2500 combined.