Entering into a divorce in Massachusetts raises a number of questions and concerns. This article aims at answering some of these difficult and very common questions. Contact attorney Gaudet, an experienced divorce attorney to gain some insight into you situation.
Although this article is arranged by issue – and you are welcome to read through all of the questions and answers in this article. If you find it easier to simply advance to the topic you are interested in, then click on that topic below:
How does child custody and parenting time work in a Massachusetts divorce?
How is legal custody defined in Massachusetts?
Legal custody in Massachusetts is the right and responsibility that a parent has to make educational, medical, religious and other important decisions about their child. Parents in Massachusetts can have either sole legal custody, which means that the parent with sole legal custody is the only parent with the right to make these important decisions or have shared legal custody which means that each parent is involved in making these important decisions for the child or children.
How is physical custody defined in Massachusetts?
Shared physical custody refers to each parent splitting the child equally, that is, each side having nearly equal contact with the child or children. Sole physical custody refers to a situation where one parent has the child for living purposes and the other parent has parenting time with the child. Be aware that some parenting time would not be in the best interests of the child, when this occurs in the setting of a parent with sole custody it is possible that one parent would not be allowed to maintain parenting time, or would be required to have supervised visits as a result.
Massachusetts Parenting Plans
Parenting plans, the details of these plans, vary widely. Ideally both parties to a divorce or custody battle develop the plan together and the judge approves or tweaks the plan. However, sometimes a jointly submitted plan is not possible as the parties positions are so oppositional. When the custody battle is severe, each side submits its own parenting plan and the judge makes a decision between them.
Question your divorce attorney about Spousal Support or Alimony
As of 2022, Probate and Family Court judges use the following chart to determine general term alimony when it is requested of the court:
For marriages up to 5 years: the term is to be no more than 1/2 the number of months of the marriage
For marriages 5 to 10 years: the term is to be no more than 60% of the number of months of the marriage
Where a marriage is from 10 to 15 years: the term is to be no more than 70% of the number of months of the marriage.
Marriages from 15 to 20 years: the term is no more than 80% of the number of months of the marriage; and for marriages from 20 or more years, the term is indefinite.
Massachusetts law also has something to say about the cohabitation of a spouse receiving alimony, with respect to general term alimony that is. Essentially, when a former spouse cohabitates with another person, a judge can suspend, reduce or even eliminate the alimony.
Amounts of alimony – the general rule is that alimony should not be greater in amount that the need of the recipient or 30-35% of the difference between the gross income of the parties as of the time of the order.
Please keep in mind that the issue of alimony is complex….there are different types of alimony in addition to general term alimony which may or may not be applicable to your case. In addition, alimony awards can be modified, and retirement age may be the basis for a modification for an alimony order.
Question your divorce attorney about requesting attorney’s fees in Massachusetts
Generally, Massachusetts courts require legal fees and expenses to be paid by each party. However, there are cases where a party to a divorce may not need to pay for their own legal fees and expenses paid to an attorney. Contact our offices to gain some insight at to whether you may be able to avoid legal fees.
It is also possible to file a motion for a temporary order to force the other side to pay for the attorneys fees necessary to maintain the divorce or other action. Generally, it is the attorney’s retainer that one side is asking for in this type of motion. It should be noted however, that receiving an award for attorney’s fees is unlikely to be successful in most Massachusetts court – not that it is impossible, but, these awards are rarely achieved.
Question your divorce attorney about the divorce process in Massachusetts
How long does a Massachusetts divorce take from start to finish?
In general, a divorce in Massachusetts will take anywhere from three months to two years depending upon the complexity and course of the case. Where the divorce is uncontested, that is, both parties are able to reach an agreement as to how to divide the assets, liabilities of the marriage and to arrange for the support of the children and each other…it is possible to achieve a divorce in three to six months in Massachusetts.
On the other hand, when a divorce follows the path of moving towards a trial…the process can be extensive. This is because even if in the best of all cases if you and your spouse are unable to reach a settlement agreement and you can get your divorce before a judge and at trial in one year, it is possible that the trial will be delayed or extended. Extension or delay of a trial means the case itself will be extended another few months or so.
Ideally, you are through a divorce in one year give or take in Massachusetts. Contact our offices for an assessment of your case to determine the trajectory of your Massachusetts divorce.
Question Your Divorce Attorney about Which Issues are likely to be Contested and Which Uncontested
Which issues are typically contested?
Contested issues in a divorce are just what you might imagine, these are issues that cannot be agreed upon. Common areas of disagreement are:
- how to split the assets
- how to divide liabilities – credit cards or loans, for example
- physical custody – less common, but often at issue in some way or another
- parenting schedule or visitation
Which issues are typically uncontested?
Uncontested issues in a divorce are those matters that the party can agree on. For example, perhaps both parties agree that one party to the marriage will have primary physical custody, and the other will pay child support. The question then may become how much child support, are there other aspects that can be shared or negotiated to balance out the assets and liabilities to be more favorable to one side or even to be more balanced. Essentially, it is very important to attempt to nail down early in the divorce proceeding what issues are agreed upon so that the parties can then move forward to determining what the do not – and how to navigate those contested issues moving forward.
Questions for the lawyer about billing in a divorce?
How am I billed for the lawyer’s services?
In Massachusetts, in a divorce or other family law matter, lawyers can bill in a couple of different ways. Some lawyers will flat bill, that is, bill a certain amount for the divorce. When lawyers bill in this way, the amount typically does not change. So, for example, if that lawyer charges $5,000 for a joint divorce or 1A divorce, that price is the total price for that service. Other lawyers bill, and this is more common, with the use of a retainer. The retainer is usually a base amount of money that will be held by the lawyer in trust for the purpose of paying the attorney as they earn fees. When a lawyers charges a retainer, this “trust fund” is only used for legal fees and typically the engagement/fee agreement that you have with the lawyer will explain when that lawyer will run certain charges by you before applying them to your bill.
How often will I receive a bill?
In Massachusetts, in a divorce or other family law matter, lawyers who take a retainer from a client must provide a monthly invoice to their client. A good attorney will provide such an invoice regularly so that you will have the opportunity to review your charges and discuss any concerns you may have with those charges or fees.
How much does the lawyer charge per hour?
In situations where a lawyer requires a retainer in a divorce, that lawyer will charge an hourly fee. Hourly fees should be clearly indicated in the fee agreement with the client. In addition, any changes to those fees should be made clear well in advance of the change to a client.
DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.