Divorce

Divorce can be a daunting experience, even when the process is relatively smooth and amicable. The end of a marriage and the separation of a family, particularly when children are involved, often brings pain, stress, and instability. Financial and legal obstacles can further complicate the situation.

At Nussbaum Family Law, we will partner closely with you to explore your circumstances—legal and interpersonal—and encourage your active involvement throughout the process. We understand that there is no one-size-fits-all approach to divorce; our client-centered approach addresses your unique situation, your spouse’s mindset and personality, and the dynamics of your family.

We are committed to listening to your concerns and collaborating with you to develop the most effective strategy for your divorce. Our focus is practical and reasonable; prioritizing settlement over unnecessary conflict and costly litigation, but offering skilled litigation advocacy when necessary. If you are considering or already navigating a divorce, reach out to our Sharon divorce lawyer at 781-327-1907 for a consultation.

Steps to Navigate the Divorce Process

Massachusetts is a “no-fault” divorce state, enabling either spouse to file for divorce without the need to demonstrate any wrongdoing or incapacity by the other party. In this type of divorce, the grounds are based on the “irretrievable breakdown of the marriage,” meaning that either or both spouses have decided they no longer wish to remain married.

Uncontested “1A” Divorce

In Massachusetts, spouses seeking a no-fault divorce have two main options for the process. The first is an “uncontested divorce,” or  “1A” divorce. In this approach, both spouses negotiate and agree on all aspects of their separation before presenting an agreement in court. These aspects may include some or all of the following:

• Child custody
• Parenting time/visitation
• Child support and extracurricular expenses
• Alimony/Spousal support
• College/Post Secondary Education Costs
• Division of assets/property
• Division of business assets
• Division of incentive compensation, bonuses, stock
• Division of liabilities/debt
• Life Insurance
• Health Insurance
• Taxes
• Name-change

If you and your spouse reach agreement on all aspects of your divorce, you would submit a Joint Petition for Divorce along with your Separation Agreement and any other required documents. Your attorney can negotiate the terms through various methods, including traditional out-of-court settlement negotiations, Collaborative Divorce, or mediation with legal counsel.

Contested “1B” Divorce

If you or your spouse are considering divorce and cannot reach an agreement on key issues, or if only one party wants the divorce, one of the parties will file a “Contested” or “1B” divorce. While most disputes ultimately are resolved through negotiation or mediation, some situations may necessitate court intervention. However, in Massachusetts, around 94% of contested cases settle before reaching trial.

To prevent delay and expensive litigation, you should hire an attorney with strong communication skills, a practical approach, professionalism, and a solid ethical foundation. Your attorney should advocate for your interests and negotiate a fair settlement that meets your needs. Be cautious of lawyers who offer aggressive representation; as such behavior often results in a difficult working relationship between counsel and increased conflict between the parties. In turn, these factors cause delay and lead to significantly higher legal fees. Instead, seek counsel that offers skill, realistic assessments, and viable options that are in your best interests but with an approach that minimizes unnecessary conflict and expense.

Preparing for Divorce in Massachusetts

To achieve the best possible outcome in your divorce, begin by consulting a skilled and experienced Sharon divorce attorney. Here are some essential steps to prepare:

• Hire a specialized divorce and family law attorney. An experienced divorce attorney will guide you through the divorce process, including applicable laws, rules, and common practice in the Probate and Family Court. Your attorney should align their advice with your goals and circumstances, offer you various options and strategies, explaining the pros and cons of each, and should fully explore settlement options with you at every stage of the process. Engaging a family law specialist is vital for securing an optimal outcome. Without proper representation or by hiring an attorney lacking extensive experience in family law and divorce, you risk navigating a complicated legal process without necessary guidance, usually leading to unfavorable results.
• Gather your financial documents and any relevant communications between you and your spouse. If you have not been in control of the finances, you may have difficulty accessing account information. 
• If possible, set aside enough cash reserves for several months. Having sufficient funds is essential to cover expenses, especially if you find yourself unable to access your accounts or in need of alternative living arrangements. If your spouse manages the finances, you can petition the court to order them to release funds, known as “an advance on the marital estate,” to help you manage living and legal costs.

Division of Property and Assets in Massachusetts Divorce Cases

In Massachusetts, division of assets and debts during a divorce follows the “Equitable Division” standard. This approach seeks a fair and reasonable allocation based on all relevant circumstances. When determining what is equitable, judges take into account several factors as outlined in MGL c. 208, Section 34, including:

• The duration of the marriage 
• The ages, health, education, occupations, and future earning potential of both parties 
• Each party’s contributions to the marriage, including monetary and non-monetary efforts, such as child-rearing, homemaking, and sweat equity 
• The conduct of both parties, to the extent it negatively impacted their or their spouse’s ability to earn, acquire, or maintain assets, as well as the overall value of the marital estate 
• Whether a spouse’s property brought into the marriage or obtained through inheritance should be classified as separate or marital property 
• The needs of each party and any children involved

Establishing Alimony and Child Support for High-Income Earners

Determining income for support in high-net-worth divorces can be complex. Business owners and partners often have complex income structures that include salaries, taxable business income, and growth potential. Real estate investors encounter difficulties with upfront expenses and delayed returns.

In addition, corporate executives and high-earning professionals introduce further complexity through deferred compensation, stock options, and performance bonuses, which frequently render their base salary a smaller fraction of their overall earnings. It is crucial for your attorney to navigate these complexities effectively and recognize when it might be prudent to consult with a financial expert.

Frequently Asked Questions

How Long Do I Need to Reside in Massachusetts to File for Divorce?

The straightforward answer is that you must reside in Massachusetts for one year, and your child must live in-state for at least six months before you can file for divorce here. While there are exceptions to these rules, they often involve complex legal principles that can be difficult to navigate. Any drafting or procedural errors, especially those based on online advice, can have a lasting negative impact on your case. If you wish to file for divorce less than a year after moving to Massachusetts, it is essential to consult with an experienced family law attorney in the state.

How Does Child Support Work In Divorce Cases?

In divorce cases, unlike those involving children born out of wedlock, the Probate and Family Court cannot order retroactive child support before a complaint is served. To secure timely child support from an unwilling spouse, you must file a complaint along with a motion for temporary orders as soon as you know that your spouse is moving out of the marital home. Both parents are required to submit financial statements under Supplementary Probate and Family Court Rule 401, and a Child Support Guidelines Worksheet to the court, which will determine, in most cases, the appropriate amount of child support.

Child support is typically based on the parenting schedule and the incomes of both parties, considering expenses including health insurance premiums, daycare costs, and prior existing support orders for children from other relationships. However, the court may adjust the support amount based on special circumstances, including a child’s increased special needs, extraordinary travel expenses for parenting time incurred by an out-of-state parent, or agreements between the parties that outline unique situations, such as maintaining the family home for the children’s stability or when the amount would be low and the parents are sharing costs for other child-related expenses such as extracurriculars or health insurance.

Parties often have the opportunity to negotiate temporary support and parenting arrangements, which can make hearing on a motion for temporary orders unnecessary. Nussbaum Family Law can negotiate and advocate for equitable temporary orders during your divorce proceedings.

How Long Does The Divorce Process Take in Massachusetts?

The length of a divorce case varies based on several factors. An uncontested divorce under Section 1A is the quickest, typically taking eight to ten months and involving a joint petition and a brief court hearing. After the hearing, there is a 120-day waiting period before the divorce is finalized. In contrast, a contested “1B” divorce can take years, depending on the level of communication, financial transparency, attorney cooperation, discovery, motions, and court scheduling. As contested cases progress, parties often work toward resolution and eventually settle. In a 1B contested divorce, once a hearing on the settlement agreement occurs or after trial, there is a 90-day waiting period until the divorce is final.

High levels of hostility or failure to reach an agreement can extend a divorce case for years, worsened by backlogs in Massachusetts Probate and Family Courts. Pretrial hearings may take over six months to schedule and can be delayed by temporary orders, custody evaluations, and discovery disputes. A trial date, if needed, is often set a year after the pretrial hearing. However, if parties reach an agreement at any point, they can cut short the delay by filing a global agreement with the court and requesting an uncontested hearing. Courts reward parties who settle by providing quicker dates for uncontested hearings.

How Should I Respond to a Complaint in a Contested Divorce Case?

In responding to a 1B divorce complaint, you should file both an answer and a counterclaim. This approach allows you to ask for relief instead of just responding to the Complaint. Neglecting to file a counterclaim may limit your ability to request specific orders and judgments. While some family court judges may consider all requests, others do not, and the plaintiff could move to have such requests dismissed.

Reach Out to Our Divorce Lawyer to Discuss Your Situation and Options

Divorce and family law matters can be emotionally challenging and legally complex. In addition to hiring a family law specialist, it is important to hire counsel with whom you have a good rapport, and open, responsive communication. Whether your issues involve finances, child custody disputes, or you need assistance with prenuptial agreements, we will work with you in a way that meets your particular needs and situation. Nussbaum Family Law, Sharon divorce counsel, is committed to working closely with you throughout your divorce to achieve reasonable, practical solutions for you and your family while minimizing hostility and avoiding prolonged litigation. We invite you to schedule a consultation to discuss your individual situation and needs.

Nussbaum Family Law, located in Sharon, offers experienced mediation and representation services to residents in cities and towns such as Canton, Foxborough, Franklin, Stoughton, Westwood, and throughout Norfolk County, Easton, Mansfield, Norfolk, Norton, and throughout Bristol County,  as well as Bridgewater and Middleborough, and throughout Plymouth County.