Divorce FAQ

Generally, for good cause, yes. Courts engage in balancing a number of factors such as housing, school  employment and others. (Visitation must also be very detailed)

Yes, child support may be used as gross income, so if a party customarily worked 2 jobs = child support may be calculated on 2 jobs = one could argue overtime and extra job should not be considered child support looks at the available gross income which we all know is not what we see in our paychecks after taxes etc. Note: Revised child support guidelines are being applied 8/1/13.

Child Support in the state of Massachusetts is paid from one parent to the other. It can be paid even if the parents co-parent and share time with their children.  Child Support in Massachusetts is paid according to a particular formula that considers the 1) the income of each parent, 2) the cost of health insurance and 3) the cost of child care. There also other factors. Note: Revised child support guidelines are being applied 8/1/13.

Yes Your spouse can delay for a time but ultimately the court will continue to track your case forward to a divorce.

How quickly will our divorce be finalized? ( 2 months? – no, 6 – 14 months) (explain)Even an uncontested divorce may take some time to finalize the separation agreement and get the court to schedule it. Scheduling issues depend on the Judge’s availability, staffing shortages, and complexities of a case. A divorce is a process taking into account the most pressing and important issues first such as health insurance coverage, child support, custody etc…. the parties are often guided by a well drafted temporary orders. Generally the court assigns a 14 month track for divorces, some are resolved quicker some take extra time if litigation is involved or children’s issues need to be resolved and parental cooperation is lacking.

Many people ask whether they can date casually while getting a divorce. There is no concrete or specific answer to this question, however, many courts are reluctant to interfere with a person’s future, including dating; however, if there are children of tender years or young age and the relationship is a significant relationship and significantly impairs the children’s ability to deal or cope with the divorce, that is an entirely different story. As a general rule, since divorces may last 6 months, a year, or even more, casual dating is often accompanied with divorce. The important point is just to be prudent around children.

Quite simply – it is taken care of by the court as soon as you file for a divorce. Here’s the details: After the filing of a divorce there is a summons that is issued from the court. In that summons, there is an automatic restraining order by the court that indicates that neither party shall be allowed to sell, transfer, encumber, or dispose of any marital property without the consent of the other or with the consent of the parties. Generally speaking, the party in possession of the property has a duty to safeguard that property. At times valuable items may need to be appraised and agreed upon. Major assets like 401K’s, other employer benefits, real estate, and property with significant value my need to be valued or agreed upon before any distribution.

Yes, if the inheritance is received during the course of the marriage, it may be subject to division under MGL ch. 208 section 34.

We were barely getting by with 2 incomes I can’t afford to have just one with child support. we are upside down in our mortgage and had to refinance before to help get our bills under control. Okay – so that’s a scenario – but can they stay in the house or will the have to give it up.

Joint debt is often examined. Many questions are asked, including: What was the credit used for> Was it for household improvements? Did both parties benefit? Some debt may be assigned to one or both parties depending on the purchase.

Divorce is a process in order to access your rights. One would need to get a detailed factual background. Your rights and actions can and often do change thru the processDivorce is a process in order to access you rights. One would need to get a detailed factual background. Your rights and actions can and often do change thru the process

Sometimes in a divorce case, one spouse will start the action with a restraining order. The other spouse is often times put out of the marital home and at a disadvantage for information, mail, or visitation rights with their children. A restraining order, if granted, often gives complete physical custody (of the children) to the party seeking the restraining order. Therefore, it is important that you know when every hearing date is scheduled. You should plan to attend every hearing to safeguard your rights and your property.

Important note: restraining orders have a different level of proof and therefore they are usually proceedings that involve what one person said about another. It is not uncommon for it to turn out to one word against the other.