In Massachusetts, divorces may be contested or uncontested. Contested divorces mean that the parties cannot agree on the divorce or any term of the divorce. Conversely, uncontested divorces occur when both parties agree to the divorce and all aspects of the divorce.
Legal outcomes for divorces can vary based on a number of factors, including the length of the marriage, the parties’ respective contributions to the marital estate and the judge assigned to the case. Whether you are considering filing for divorce and you are already navigating the process, the team at Higgins & Plante can guide you through the process with their knowledge of the law and decades of experience representing clients throughout the Commonwealth of Massachusetts. Attorneys Plante, Higgins and Patnaude will help you understand how the law applies to the facts of your case and will work tirelessly to advocate for you so you can focus on your future.
Divorce cases involve several legal issues, including property division and debt allocation, alimony and spousal support, child custody and child support.
PROPERTY DIVISION
Massachusetts is an “equitable distribution” state. Equitable distribution governs the allocation of marital assets and debt in a divorce case. Equitable does not necessarily mean an equal division. Equitable could result in an unequal division that the court deems fair based on various factors. In long-term marriages, an equal division is more likely than in short-term marriages where the court often attempts to return each party to the financial position he or she was in prior to the marriage. Judges weigh numerous factors, including the length of the marriage, occupation and income of the parties, and contributions to the marital estate when determining how to divide the parties’ marital assets and debts.
ALIMONY
Alimony is the payment of support from a spouse, who has the ability to pay, to a spouse in need of support, with duration limits based on the length of the marriage. Massachusetts recognizes various types of alimony, including general term alimony, rehabilitative alimony, reimbursement alimony, and transitional alimony.
CUSTODY:
Child custody in Massachusetts is divided into two categories:
Legal Custody: Involves major decision-making regarding education, medical care, and emotional, moral and religious development. When parents share legal custody, they share mutual responsibility and involvement in these major decisions. Sole legal custody is granted only in cases where shared decision-making is not in the child’s best interests.
Physical Custody: Determines where the child will primarily reside and the parenting schedule the parties and children will follow. Courts consider a number of factors when determining whether a proposed parenting plan is in the best interests of the child.
CHILD SUPPORT:
Child Support Guidelines presumptively apply to every child support case in Massachusetts. The Guidelines are a formula that considers factors such as the parties’ income, the custodial arrangement, health insurance costs, and childcare costs. Deviations from the Guidelines upwards or downwards are possible based on certain unique circumstances.