The Barnstable Probate and Family Court has jurisdiction over Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Hyannis, Mashpee, Orleans, Provincetown, Sandwich, and Yarmouth family matters such as divorce, paternity, child support, custody, parenting plans, termination of parental rights, and abuse prevention including, but not limited to, 209A restraining orders.
As of January, 2012 the family court judges assigned to the Barnstable Division of the Probate and Family Court Department are First Justice Robert A. Scandurra and the Honorable Arthur C. Ryley.
Judge Scandurra tends to be assigned cases the end in odd numbers; Judge Ryley is typically assigned the even-numbered cases. While pretrial conferences are typically heard on Wednesdays, each judge schedules other types of matters on specific days of the week. You can find out each judge's schedule by calling the divorce desk at (508) 375-6722.
All matters are heard at the courthouse itself, which is at 3195 Main Street, Barnstable, MA 02630.
Procedural Rules on Cape Cod
When it comes to scheduling motions and other court appearances, Barnstable County is particularly insistent that lawyers and their clients follow proper procedure. For example, ex parte sessions are held every day at 10:00 a.m., but the party must sign-up for their hearing at least 30 minutes before the beginning of the morning or afternoon session. All matters must be properly scheduled in advance through the Trial Assignment Desk, and all paperwork and pleadings must be filed once their corresponding motion or hearing dates have been set.
As First Justice of the Court, the Honorable Justice Scandurra is particular with respect to Complaints for Modification insomuch as no temporary orders will be entertained except when an emergency is alleged. In those cases, an affidavit must accompany the motion, and must state the alleged emergency and harm sought to be avoided.
How to Get Divorced on Cape Cod
When both sides to a dispute can resolve their matter with one of the probation officers, it avoids the matter needing to go before the judge. A visit to the Barnstable County Probate and Family Court, and watching how Judge Scandurra and Judge Ryley spend their days wading through self-serving statements, different versions to the same story, hysterical parents, biased witnesses, and bald-faced liars will convince you that you're better-off resolving the matter between you and your spouse rather than take the chance that one of the judges misidentify your problem and apply an incorrect solution.
Barnstable County Alimony Modification Attorney
Most divorce agreements have provisions that allow alimony to be modified. If you are a former spouse who needs additional support, our attorneys know how the court may grant a recipient an extension of an existing alimony order for good cause shown. In granting an extension, the court shall enter written findings of a material change of circumstance that occurred after entry of the alimony judgment, and the reasons for the extension are supported by clear and convincing evidence. To learn more, call our attorneys for a free case evaluation.
If You Have Children...
No matter which judge handles your divorce, paternity, modification, or contempt matter, if you have children involved, the hallmark "best interest of the child" principle will govern your entire case. Additionally, both sides to a new divorce case that involves children are ordered to attend and participate in an approved Parent Education Program. No Pre-Trial Conference or trial will be held by the court until they receive a certificate of attendance from an approved program for each party to the action.
Call Our Hyannis Law Firm or Falmouth Attorneys
For Help With Your Divorce or Paternity Case.
Free, No-Obligation Consultation
No matter where you are on the Cape - it doesn't matter if you filed for divorce first or if you were served by your spouse's attorney - the best way to protect your family and your finances is to take advantage of a free case analysis with one of our attorneys. Our attorneys are aggressive, smart, tough, and tenacious.
Each client that works with us gets the benefit of our 50+ years of combined experience. This "brain trust" approach helps to ensure that each issue of your case is examined from several different perspectives; this way, no stone remains unturned.
Call (800) 763-1030 to schedule your appointment, or contact us online. We meet with clients at night, over the weekend, or at a time and location that is convenient for you.
