Family Law includes divorce, child custody, child support, alimony, division of assets, paternity, prenuptial agreements.

Divorce: Divorce is the legal dissolution of a marriage. While the majority of divorces are obtained on “No Fault” grounds of “Irretrievable Breakdown of the Marriage,” some divorces are still granted on fault grounds such as desertion or cruel and abusive treatment. Read more.

Child Custody/Parenting Plan: Today most divorcing parents have Joint Legal Custody of their children – meaning that they both confer on major decisions affecting the children’s health, education, and welfare. Physical custody indicates the parent with whom the children primarily reside. Various parenting plans, including shared custody, are options. Read more.

Child Support: In Massachusetts both parents, whether married or not, have a legal duty to support their children. Child support is calculated using both parent’s incomes, cost of health insurance and child care, under the Massachusetts Child Support Guidelines. Read more.

Alimony: Alimony is support paid by one spouse to the other. It can be short-term or long-term, especially after a long-term marriage. It is based on the need of one spouse and the financial resources of the other. There is no present Guideline of official formula for alimony. Read more.

Post-Divorce Modification: After a Judgment, a party may file a Complaint for Modification if there has been a substantial and material change of circumstances. Modifications may include all child-related issues, and alimony. Read more. Contempt: If a party fails to comply with a Court Order or Judgment, the other party may file a Complaint for Contempt to enforce the obligation. Attorney’s fees are usually awarded to the Plaintiff if the other party is found in contempt by the court. Read more.

Paternity: Children born out of wedlock in Massachusetts have the same rights to child support as children born in a marriage. Simple DNA tests can prove paternity. Read more.

Restraining Orders: If a person is physically abused or threatened with physical abuse, he or she may obtain a restraining order or abuse prevention order to keep the abuser away. Read more.

Prenuptial Agreements: These are agreements entered into before marriage, in which each party discloses his or her income, assets, and liabilities, and agrees to limiting financial rights and responsibilities in the event of either divorce or death. Such agreements are often prepared in second marriages, where the parties have children from prior marriages. Read more.

Removal of Children to Other States: Massachusetts law prohibits the removal of children in a divorce to another state without a Court Order or the written agreement of the other parent. Read more.

Jurisdictional Disputes: If a spouse moves to another state, disputes may arise over which state has jurisdiction (legal power) to make decisions about divorce, modifications, contempts, etc.