The Berkshire County Probate and Family Court has jurisdiction over all divorce- and paternity-related matters.
The court oversees all matters filed from residents in the following cities and towns: Adams, Alford, Becket, Berkshire, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, Mount Washington, New Ashford, North Marlborough, North Adams, Otis, Peru, Richmond, Sandisfield, Savoy, Sheffield, Southfield, Stockbridge, Tyringham, Washington, West Stockbridge, Williamstown, and Windsor.
Starting in 2012, the family court judges assigned to the Berkshire Division of the Probate and Family Court Department are most often First Justice Richard A. Simons and the Honorable Barbara Hyland.
The courthouse is located at 44 Bank Row in Pittsfield.
The Attorney You Hire in Berkshire County
Can Make a BIG Difference in Your Case
You are not required to hire a lawyer in a Pittsfield divorce, and there is no legal requirement, but the judges seated in Berkshire County aren't easily inclined to have sympathy on pro se litigants. To do otherwise would give the party who is not represented by an attorney an unfair advantage over a litigant represented by legal counsel.
At the time that you start interviewing divorce lawyers, you will be well served by a law firm with deep roots in the Western Massachusetts divorce courts. Your attorney will take this vault of information and guide your case through the system. He or she will quickly know what will get you in trouble with either of the two judges, and will advise you what you should say and what you should not say. It is an invaluable asset to have an attorney with this wealth of knowledge by your side.
Once a case commences, the attorneys at our firm will often file motions (requests for the Court to order a specific form of relief). These motions may relate to child support, custody, payment of household expenses, or that neither party leave the Commonwealth with the children without written permission from the other parent, with no request to be unreasonably denied. Motions are filed with the court, and scheduled to be heard by a judge.
Procedural Rules in the
Western Massachusetts Family Courts
Judge Hyland typically hears her motions on Mondays, while Judge Simons hears them on Thursdays. When a judge hears arguments on a motion from both sides, he or she will typically allow the motion, or deny it at the time said motion is heard. On rare occasions, the judge will take the matter "under advisement," which means the court will issue its ruling, in writing, soon thereafter.
No matter which judge handles your case, if you and the opposing party have children, the hallmark "best interest of the child" principle will apply. Additionally, all parties to a new divorce action where there are minor children will be 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.
The mere fact that you're reading this suggests that you're either thinking about divorce or you're already involved with the Berkshire County Probate and Family Court. You should know that all domestic relations matters are filed as either contested or uncontested.
If you and your spouse are on the contested track, you are leaving those unresolved matters up to a judge. On the other hand, if you and your spouse can work on resolving your case (recognizing how both of you will need to give a little and take a little), you can retain control of how your marriage ends. You'll also save the time it takes to get divorced, you'll save on legal fees, and prevent the toxic effect divorce can have on children.
In Berkshire County, the Attorney
That You Hire Should Give You
A "Home-Court Advantage"
While every judge applies the same set of laws, each interprets statutory law and handles its procedures a little differently from the judges and courthouses in the other counties. For that reason, our attorneys are assigned to specific regions and courthouses. By working day in and day out in the same places, we know how things work.
Does that mean we litigate every case? No. However, we do prepare each case as if it is going to trial. We believe our preparation and willingness to go to court leads to more favorable settlement offers.
Local Massachusetts Divorce Attorneys in Berkshire County
With divorce lawyers and family law attorneys across Massachusetts, put our 50+ years of combined legal experience to work for you by calling (800) 763-1030 for a free, no-obligation consultation.
While our main Western Massachusetts offices are in Springfield and we avail ourselves for appointments in Pittsfield and North Adams. This enables us to serve men and women with divorce, paternity, modification, and contempt matters in New Marlborough, Southfield, Otis, Mill River, Great Barrington, Lee, Lenox, North and South Egremont, Sheffield, Stockbridge and West Stockbridge.
