Massachusetts Divorce FAQ

Answering Questions About Divorce

If you are preparing for a divorce in Boston or anywhere in Massachusetts, you probably have many questions. At Law Group, P.C., we offer free initial consultations to help you understand the legal proceedings and provide answers to your questions about the divorce process, child custody and support matters, and financial matters.

Our firm serves the entire state, from Boston to Pittsfield and everywhere in between - Marlborough, Natick, , Westborough, Springfield and Greenfield.

Wondering About Divorce? Our Massachusetts Lawyers Have Answers.

We frequently hear questions from our clients about the divorce process, such as:

How long will a divorce take? Massachusetts courts do not permit the case to extend longer than 14 months. Finalizing your divorce agreement may take longer, however. Speak with an attorney about your circumstances.

  • What is the difference between an uncontested divorce and a contested divorce? In an uncontested divorce, both spouses agree on each of the terms in all aspects of the divorce. If any issues are disputed, the divorce is considered contested. You should have an experienced attorney whether your divorce is contested or uncontested.
  • Can I have a divorce settlement agreement changed after I signed it? Some aspects of a divorce agreement can be changed. Much of this may fall on whether the particular issue was to "merge" or "survive" as noted in your document. Speak to an attorney to learn about your options and the likelihood of getting a divorce modification approved.
  • I'm in the military. What do I need to do to prepare for a divorce? There are unique needs and requirements when one or both spouses are members of the military. Hire a lawyer with experience in military divorce.

Questions About Custody and Child Support

Children and child support are often at the center of our clients' concerns during and after divorce. You may have questions such as:

  • Why is the judge taking so long to decide on custody? Judges have a set amount of time to make custody decisions. If there's been a change in circumstances during the pendency of your case, or if the judge is trying to fashion an order that truly serves the "best interest" of your child, it may take a bit longer than usual.
  • Can I move away with my child after the divorce? You can move anywhere in Massachusetts. If you are seeking an out-of-state move, you will need the court's permission - unless you can come to some form of agreement with your former spouse. Consult an attorney to pursue modification to your parenting plan.
  • My child is now 18. Can I stop paying child support? The newest child support guidelines are very clear in this area. It depends on whether your child is a full-time college student, where he or she lives, and if he or she is financially dependent on either parent. Let our attorneys review your existing court order to help you more closely.

Alimony, Asset Division and Other Financial Issues

Answers to questions about division of assets, alimony and other financial matters often depend on the circumstances of your case. Our attorneys can explain issues such as:

  • My spouse gets paid overtime. Can I get some of this for spousal support? Probably, because there are now 28 sources of income under the header "Income Definition" in the child support guidelines. Many of these carry over to alimony, but it may depend on the unique circumstances of your case.
  • Will alimony stop when my spouse retires? It depends on specific drafting in that particular clause of the court order. Have you addressed the issue of survival and merger in the agreement? Consult an attorney if your spouse stops paying spousal support.
  • Can I get my spouse to pay the mortgage on our home until our divorce is over? It's all about what both of your financial statements look like, how the two of you have been handling the mortgage payment up to this point, and each party's ability to pay. Speak to an attorney about how to handle your current expenses during the divorce process.

For additional information from a skilled Massachusetts divorce attorney, call 800-851-7724 or send an e-mail to schedule a free initial consultation. Our attorneys appear regularly in the Middlesex Probate and Family Court, Essex Probate and Family Court, Suffolk Probate and Family Court, and the family courts in Norfolk, Bristol, Plymouth and Barnstable counties. We handle all matters related to divorce, child support, child custody and alimony.

Read More - Click To Expand Text