South Shore Divorce Lawyer
Divorce is a difficult transition, emotionally and legally, and can involve both contested and uncontested issues. Although each divorce is unique, there are many issues that arise frequently, and a quality South Shore divorce lawyer should be proficient in all areas of family law, enabling them to provide the necessary expertise that pertains to your specific circumstances. The diverse spectrum of legal issues contained in divorce often include property or asset division, child support, child custody, spousal support or alimony, and depending on the circumstances can also involve issues such as restraining orders, complicated parenting plans, and complex business valuations in the case of self-employed individuals or family or closely held businesses among others.
Spouses do not need to prove fault in order to obtain a divorce in Massachusetts. The Court will issue a divorce on the basis that the parties have suffered irreconcilable differences and that the marriage has irretrievably broken down. Although fault, such as adultery, drug or alcohol abuse and/or cruel and abusive treatment may be considered in the division of assets, it plays much less of a role in divorce than people think, and generally is only considered when substantial and/or plays a role in the dissipation of marital assets. Your South Shore divorce lawyer should be well acquainted with these issues and how they will impact your particular case of divorce.
Contact Attorney Gina Leahy Today For A Divorce Consultation
(781) 206-4777
If you are a parent, your South Shore divorce lawyer should have a firm grasp on the issues involved in child custody disputes. This aspect of divorce is many times the most emotionally charged area of the process, and although most parents want what they see as being in the best interests of their child, their perceptions are often vastly different. In most situations, unless there is a determination that it is not in the best interests of the child, parents will have joint legal custody which means that the parents will share in the major decisions regarding the child's welfare such as medical issues; education; and emotional, moral and religious development. Physical custody refers to where the child resides, and in many situations is primarily with one parent while the other parent has parenting time with the child, but if appropriate, may also be shared. A central component of this issue is establishing or modifying a parenting plan (formerly termed a visitation schedule). Parenting plans are used to establish the conditions and schedules for when each parent has time with the children, and can be as flexible or as rigid as necessary depending on the specific circumstances.
Child support and alimony or spousal support can also be emotionally charged issues during the divorce process.
Massachusetts requires that all parents provide financial support for their children, and the amount of support is generally determined by considering the parties' gross incomes, the number and ages of the children, allocation of other expenses for the children such as health insurance and child care, and application of the Massachusetts Child Support Guidelines to the same. In particular situations, there may be other factors which require a deviation from the Guidelines. Further, the Guidelines, when strictly applied, are only applied to the parties' combined incomes up to $250,000.00 per year. Above that income amount, there is more flexibility in determining child support and where the parties cannot agree on an amount, the Judge has a fair degree of discretion.
Contact Attorney Gina Leahy Today For A Divorce Consultation
(781) 206-4777
Alimony or spousal support is based upon application of a number of factors, including the recipient spouse's need and the ability of the payor spouse to pay, as well as the length and duration of the marriage, the parties' relative incomes, and conduct of the parties during the marriage. There are also numerous different types of alimony in addition to the traditional alimony known as general term alimony which involves the periodic payment of support to a spouse who is economically dependent. These other types of alimony include, for example, transitional alimony which may be awarded as a lump sum or a periodic payment for a temporary period in a short term marriage of not more than five (5) years in order to help the recipient spouse make the transition to an adjusted lifestyle; rehabilitative alimony which consists of periodic payments made to the recipient spouse for a predetermined amount of time by the end of which the spouse is anticipated to be economically self-sufficient; reimbursement alimony which is made to compensate the spouse for economic or other contributions made to the economic circumstances of the payor spouse, such as enabling the spouse to complete school or other training, in a marriage of not more than five (5) years,
The division of marital assets also an area of great concern among people filing for divorce. In this process marital assets are defined, valued, and equitably apportioned. Major assets such as the marital home, other real estate, vehicles, pensions and other retirement assets, bank and investment accounts, and businesses are often the center of these discussions. Also included in this issue is the division of marital debt and who will be responsible for what portion of the debts. Because, unlike issues such as child support and custody which can be modified based on material changes of circumstances after the divorce, a division of assets is final, this is a critical aspect of your divorce. A skilled divorce lawyer can ensure that the division is accomplished in an equitable manner, and that you receive a fair share.
Have Questions? Contact Attorney Gina Leahy Today For A Divorce Consultation
(781) 206-4777 Attorney Gina Leahy serves clients throughout Massachusetts in Plymouth, Norfolk, Barnstable, Nantucket and Dukes counties.