Posted by: Josey Lyne Payne, Esq.
Initially the Court must decide if there are even grounds for a divorce. Grounds are the legal reason(s) why the marriage has failed and eligible to be legally dissolved. In Massachusetts, there are 7 fault grounds (where the Court finds that a marriage has failed due to the fault of one of the Parties), and a no-fault ground (where the Court finds that the marriage has failed, but not due to any fault by either party) – grounds will be explored in later posts in the series.
Aside from the grounds being decided, there are several other issues that must be decided before a judgment of divorce occurs. Some of these issues are:
- custody of children; both legal and physical
- support of children; including education
- visitation with the children; otherwise known as a Parenting Plan
- division of assets (pensions, bank accounts, and stocks)
- alimony; also known as spousal support or maintenance
- division of personal property; personal property, such as the car(s) or furniture
- what will happen to any real estate
- who gets to live in the marital home
- division of debts; credit cards, living bills such as utilities
- name change; if a Party decides to resume her maiden name
- if applicable, Abuse Prevention orders
These issues may be resolved and agreed upon by the Parties themselves and then incorporated into the Divorce Judgment, or if the Parties fail to agree on any or all of the issues, the Court will decide the issues in dispute based upon a trial where the Parties will have an opportunity to present evidence to support the judge’s decision.
One of the most effective ways that the Parties can get assistance to succesfully reach agreements themselves, which is far less expensive and less risky than going to trial, is by using alternative dispute resolution (ADR) services, such as mediation.
The issues that must be decided are complex and hiring independent counsel is advisable. Every situation is different, just as every family is different. A Party may hire a lawyer to assist and advise them both with the divorce itself and with mediation. It is important to understand that a mediator is a neutral body that facilitates the conversation(s) between the Parties. A mediator, who may be an attorney, is not your attorney and cannot legally advise you. They may discuss the law with you during the mediation process in an educational or general information way, but they are not advocating for or representing your interests. To protect your interests you should consult a lawyer independently.
If you need the assistance of a family law attorney, contact Josey Lyne Payne, Esq. at (781) 741-5000 to schedule a free consultation. We welcome the opportunity to meet with you personally to discuss your case.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact the office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established. This blog is considered an advertisement for Josey Lyne Payne, Esq. The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the state. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.
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