FREQUENTLY ASKED QUESTIONS REGARDING DIVORCE
How often will I see my kids?
The Court encourages frequent and consistent contact with children, for both parents. Words such as "custody" and "visitation" that have been used in the past now have less significance. The emphasis is on developing a parenting plan that is best for the children. The parenting plan is developed by the mother and father, if they can work together to create one. If they cannot, the attorneys and/or the court can assign a parenting schedule. Counsel should encourage consistent and frequent contact between the children and both of the parents, during the initial separation and then the divorce.
Will we have to sell the house?
Each case is different. The house may have to be sold depending upon the parties' financial circumstances. If there are children, the Court would prefer to see the house not sold so that the children can maintain a consistent residence, especially during the high school years.
How much will I have to pay in child support?
How much child support will I receive?
In Massachusetts, child support is calculated based on a formula. The formula takes into account the earnings of both spouses as well as other factors. The Child Support Guidelines income ceiling is $250,000.00 per year. Additional factors taken into consideration are bonuses, commission and any additional sources of income.
How are the assets and liabilities divided, and who gets the retirement money?
Assets must be identified and valued before there can be any discussion as to a division. Massachusetts has a very broad definition of assets which can include stock options, timeshares, retirement accounts, savings and inheritance. Depending upon the length of the marriage the concept is that whatever retirement is earned during the marriage would be equitably divided, which in most cases means equally.
What do I do about filing taxes?
It is important to get the assistance of a Certified Public Accountant on whether or not a joint tax return should be filed. There may be legitimate issues that would warrant not signing a joint tax return, such as lack of disclosure of income.
A very important issue in divorce cases is the issue of taxes in general. There are often tax consequences to the way assets are divided, and how the support figure is ultimately arrived at.
What if my spouse has already hidden income or assets?
There is a part of every divorce case which is called Discovery. Discovery is the opportunity to identify all assets and income, even those that have been moved or hidden. Again each case is different, and the amount of Discovery that needs to be done varies from case to case.
Should I get a legal separation first?
In Massachusetts an individual can file a Complaint for Separate Support. Some people do separate without the benefit of any Court Orders. Other people separate and feel the need to obtain Temporary Orders until such time as the case is resolved either by settlement or by trial. Each person's case is different and the decision to file needs to be made in conjunction with a lawyer, considering all relevant facts and circumstances.
The question of whether or not to separate and ultimately divorce is one of the most difficult decisions that any person can make. There may be a need to consult with a therapist first. There would be a need to consult with an attorney prior to making any decision, to get an understanding as to individual rights concerning children, medical insurance, property division and liabilities.
Can I move out of state with the children?
In order to move out of state with the children, you need the assent of the other parent, or court permission. It is very unusual for a parent to be allowed to move out of state before the completion of the divorce. It is not uncommon post-divorce for the issue of relocation to be addressed, both within the state and out of state.
How do I choose a divorce attorney?
You should choose a divorce attorney based upon experience and reputation. It is always good to obtain a referral from someone who has been through a divorce and was satisfied with the services of their lawyer. Using the Internet to locate a divorce attorney is also common. It is important to visit the attorney's website and then contact the lawyer directly via phone or e-mail. You should also select a lawyer whose practice is concentrated specifically in the area of divorce.
In Massachusetts, many Family Court judges believe that 90% of divorce cases eventually settle. The lawyer you hire needs to be able to negotiate on your behalf, but also must be able to take your case to trial if it becomes necessary.
