What can a Family Law Lawyer Help With?

Many of the relationships that exist between members of a family require contracts and agreements. A family lawyer can help create those contracts and agreements and file them in court, as well as represent their clients in litigation involving the dissolution of marriage, the division of assets, or the allocation of support. A family lawyer assists in the following family legal matters:

Divorce

Divorce is a complex issue—particularly if there are assets to be divided and children to be provided for. While Massachusetts is a “no-fault” state concerning divorce, meaning neither party has to prove that there is a reason why the marriage should end, it is easy to overlook the complexities of the state’s divorce law. A Worcester family law attorney can provide both the experience necessary to ensure that every provision that needs to be made with the dissolution of your marriage has been included, and the objective view that is needed to make decisions on important matters about child custody, spousal or child support, and the division of assets.

Separation

Massachusetts does not have a procedure for “legal separation.” However, the state does have a process called a separate support lawsuit that can be filed to ensure support for you and your children and to prevent your spouse from limiting your freedom. Separate support is a different procedure than divorce and is available in situations where your spouse has failed to support you and has either deserted you, is living separately from you for a justifiable cause, or should be living separately from you for a justifiable cause. The state considers justifiable causes to include abuse, adultery, or desertion.

Alimony

Alimony is a form of payment that is paid to a spouse in need of support by a spouse who can pay. There are four common types of alimony paid in Massachusetts, including:

General term alimony-is paid regularly to a spouse who was financially dependent on the other spouse during the marriage. The time in which these payments are made depends on the length of the marriage.

Rehabilitative alimony-is temporary alimony paid to a spouse who is expected to gain the ability to support themselves within a short period.

Reimbursement alimony-is ordered for no more than five years for one spouse to repay another for assistance, such as helping the spouse obtain an education.

Transitional alimony-is a temporary form of alimony awarded to a spouse for some time so they can have the opportunity to settle into a new lifestyle or location.

Child Support

Massachusetts law requires that both parents provide support for their children. Child support refers to a payment that is provided by the non-custodial parent to the primary caregiver. An experienced Worcester family law attorney can assist you in completing the often complex worksheets involved in determining child support.

Child Custody

Courts make decisions on child custody under which parents can provide the care that is in the best interests of the child. There are four types of child custody in Massachusetts, including:

Sole legal custody- one parent is responsible for making legal decisions for the child, including decisions regarding where the child attends school or whether they have a medical procedure.

Joint legal custody- both parents share the responsibility of making legal decisions for the child.

Sole physical custody- means the child lives with one parent while the other parent has visitation rights.

Joint physical custody- the child spends periods living with each parent separately.

Prenups

Prenuptial agreements are contracts entered into by individuals who are planning to marry. This contract is to be enforced if the marriage ends in divorce and includes provisions to determine:

Division of marital property.

A specified amount of spousal support.

How debts, health insurance, and life insurance will be handled.

How the children of previous relationships will be treated concerning the assets of their parents.

Law Office of Polly Tatum

19 Cedar St Worcester, MA 01609

(774) 366-3688

https://www.LawOfficeOfPollyTatum.com