When one or both parties in a marriage determine that there is no way to repair the issues between them and remaining together is no longer an option, divorce is usually the right choice, even if it is a difficult one. While coping with this major life change, couples will also need to make significant decisions about their future finances and time with their children.
At Wright Family Law Group, our experienced Andover divorce lawyers can help manage the legal aspect of your divorce while you focus on your family.
In order to file for divorce in Massachusetts, an individual must meet the residency requirement, which means they must have lived in the Commonwealth for at least one year prior to filing. The divorce process officially begins when one spouse files the appropriate paperwork with the circuit court of the county where they live or the county where their former partner resides. If the spouses are able to agree on all issues, including property division, parenting plans, and support, they may be able to file a 1A joint petition for divorce. However, if there are conflicts over any issues, one spouse will need to file a 1B complaint for divorce.
In a divorce, the couple’s marital assets are divided equitably. Massachusetts considers all assets to be marital property, regardless of when they were acquired or who holds the title. The court uses a variety of factors to determine an appropriate, equitable division of the property. These factors include:
By consulting with experienced Andover divorce lawyers, you can determine how these factors will impact your divorce case.
If a couple has children, their children’s care following the divorce must also be worked into their settlement through a parenting plan and a child support order. The court develops a timesharing plan and assigns parental responsibilities based on what it determines to be in the children’s best interest. Factors it considers when making these determinations include the child’s relationship with each parent, each parent’s willingness to cooperate with the other parent and the court, and the child’s personal needs. Child support is determined according to each partner’s income and the amount of time the child spends in each household under the parenting plan.
Spousal maintenance can also be part of a divorce settlement. This is money paid from the higher-earning spouse to the lower-earning spouse, generally for a fixed period of time following the divorce. This money is meant to give the lesser-earning spouse a financial safety net until they can reenter the workforce.
Learn more about the Massachusetts divorce process and what you can expect from it based on your specific circumstances by scheduling a legal consultation with our experienced Andover divorce lawyers. Contact Wright Family Law Group today to learn how our firm can assist you.