Throughout downtown Boston and surrounding areas, the Suffolk Probate and Family Court has jurisdiction over all divorces and paternity matters in the communities of Audubon Circle, Back Bay, Bay Village, Beacon Hill, Brighton, Charlestown, Chinatown, Fenway, Hyde Park, Jamaica Plain, Kenmore Square, Longwood Medical, North End, Revere, Roslindale, South End, and West Roxbury.
All alimony, child support, contempt matters, custody, modification, parenting plans, or temporary orders relating to an action of the court will be heard at the Edward W. Brooke Courthouse, located at 24 New Chardon Street, Boston 02114. All matters are heard on the second and third floor.
The Role of a Judge in Your Massachusetts Divorce Case
The judge is the man or woman who will preside over your hearings. The judge wears a black robe and sits at the judge's bench in the front of the courtroom. The judge has the power to make rulings on pretrial motions and decides who wins.
Even though all judges are different, in most cases the judge listens, takes notes, sometimes asks questions, and when the case is over, makes a decision. Because the judge in a Suffolk County, Massachusetts divorce or custody case is also the referee, he or she will set the schedule of the trial, make rulings when the lawyers disagree, and rap the gavel when the courtroom gets out of control.
Judges Are Assigned By Docket Number
When your case is filed in the Suffolk County Probate and Family Court, based on your docket number, you will be assigned one judge throughout your entire case.
In Suffolk County, the judges assigned to the family court are most often First Justice Joan Armstrong, the Honorable Elaine M. Moriarty, Judge Jeremy A. Stahlin, or the Honorable Megan Christopher. During much of 2011 and 2012, the First Justice of the Nantucket Probate and Family Court (RGrayson J. Kaplan) was also sitting in Suffolk.
The judge should be addressed as "Your Honor," "the court," or "Judge (enter last name). Do not say "Sir or "Ma'am." Additionally, you should always stand when the judge enters the courtroom. You'll typically be prompted to do so by the court officer who'll say, for example, "All rise." If you fail to stand, it will be viewed by the judge as a sign of disrespect. Do not sit down until the judge sits and the court officer indicates as such.
What Happens in a Suffolk County Courtroom?
Given the commotion and vast number of family disputes, the best thing that any of the Suffolk County family court judges can do is to triage - merely stop the bleeding of thousands of Boston's troubled families and failed relationships. When you consider that there is a caseload of nearly 12,000 new divorce, separate support, modification, contempt, and abuse prevention filings each year and only four or five full-time judges assigned to hear cases, certain things start to make sense.
If you and your spouse are open to the idea of reaching in agreement, we can file a joint petition (agreement) instead of a complaint. Here, just about anything can be handled administratively. You still need the judge's approval, but once matters are agreed-to by both of you, the matter goes ahead of the line and right before the judge.
How to Conduct Yourself Before Your Judge
Once you do end-up before your judge, our Massachusetts and Boston-North Shore divorce attorneys will advise you of how to conduct yourself in front of your particular judge. Each has his or her customary policies on certain matters when presented with specific matters and requests.
For example, children often want to give their opinion about where they want to live. Whether your judge is Judge Armstrong, Judge Kaplan, Judge Moriarty, or even Judge Stahlin, the policy of each individual judge will determine whether or not the children will have that opportunity, and at what age.
Litigate or Negotiate?
In Suffolk County, There are Advantages and Disadvantages to Each
Resolving all contested issues through negotiation sounds like a good idea, but it's easier said than done. Don't expect to get everything you want; be willing to give on some issues and to trade on others. If you can get most of what you want by agreement, let a few minor points slide. On the other hand, if your spouse is only willing to see things in his or her black-and-white world, you'll need to go before the judge. If it's in the gray area, you and your attorney are the ones who have to weigh the risks, benefits and costs.
Preparing for Court in a Massachusetts Divorce
If you'll be appearing before the court, the best thing that you can do to prepare in advance is to make a field trip to your judge's courtroom. Observe how cases like yours are handled. The time to observe your judge is early in the morning; this is when all the parties are directed to appear.
Plan on staying until 12noon. The more you know about what to expect, the better prepared you will be for your day in court.
In Suffolk County, Hire an Attorney
Who'll Give You a "Home-Court Advantage"
While every divorce 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.
Call Our Boston Divorce Attorneys
For a FREE, No-Obligation Consultation
To learn more about how to put our 100+ years of combined legal experience to work for you, call 800-851-7724 for a free, no-obligation consultation. While our main Boston-area offices are in and we avail ourselves for appointments in Back Bay, and East Boston. This enables us to serve men and women with divorce, paternity, modification, and contempt matters in Allston, Beacon Hill, Chelsea, Jamaica Plain, the North End, Revere, Roslindale, South and West Roxbury.
