The first step in filing for Divorce is to file a document called a Complaint with the Probate and Family Court. The complaint will list the grounds, or reasons, for the Divorce. Although there are many others depending on the situation, the most common grounds for divorce in Massachusetts are irretrievable breakdown of the marriage in either a contested or uncontested divorce and cruel and abusive treatment. After discussing your particular situation, as your Massachusetts Divorce Lawyer, I will be able to advise you on which grounds to state in the complaint. This is an important step as the grounds that you state may affect the length of time it will take you to obtain a Divorce.
Child Custody and Visitation
If a settlement cannot be reached, the case will go to trial. After listening to all of the evidence provided by both parties, the Court will make its own judgment concerning child custody, support, visitation, alimony, division of marital assets and any other issues on which the parties cannot reach agreement. Each case is unique and as a Massachusetts Divorce Lawyer I can help you understand and address the strengths and weaknesses of your case. I can help you to decide whether it would be in the best interest of you and your family to settle with your spouse or to take the case to trial.
Paternity
Premarital Agreement
We handle a full range of family and domestic law issues, including contested and uncontested divorces, modifications, prenuptial agreements, mediation, paternity, child custody disputes and issues.
Spousal Support
There has been significant interest lately regarding the circumstances under which the Alimony Reform Act allows for the suspension, reduction and (of particular interest) termination of alimony orders for divorces that were completed prior to the enactment of the law.
Recent Honors and Affiliations: 2020 Speaker at South Shore Conference for Women, She’s Local. Speaker at American Bankruptcy Institute: 19th Annual Northeast Bankruptcy Conference 2012 (Intersection of Criminal Law and Bankruptcy. “First Justices’ Award for Pro Bono Publico Excellence” by the First Justices, Probate and Family Courts for Bristol, Plymouth, and Barnstable Divisions: 2012, 2013, 2014, 2015, 2016, 2017. United States Bankruptcy Court for the District of Massachusetts Pro Bono Honor Roll 2016 and 2018. Participant in Northeastern University School of Law’s Connections Networking Program. Speaker at “The Who’s, What’s Why’s and How’s of Judicial Internships (Flashner Judicial Institutes). Speaker at Plymouth County Bar Association’s “A-Zs of Bankruptcy”.
Restraining Order
As a Massachusetts Divorce Lawyer, I can help to protect your interests while the process of filing and obtaining a Divorce is ongoing. Motions can be filed with the Court to obtain support, custody or even a restraining order until there is a final hearing in the case.
Our attorneys and legal staff are extremely experienced, skilled and knowledgeable in their areas of practice, including divorce and domestic relations, estate planning and probate administration, real estate law, and bankruptcy.
Real Estate Transactions
We handle a variety of real estate transactions and disputes including representing buyers and sellers. Lee Darst and Alix Wilcox are Licensed Real Estate Brokers in Massachusetts.
While some of these documents cannot be finalized until the divorce is settled, consulting an estate planning attorney prior to or during the divorce proceeding can assist you in advanced planning and provide valuable advice regarding any issues in the divorce that may affect your estate.
Wills
At the time that your divorce is final, it is imperative that you execute a new Last Will and Testament. This would allow you to choose a new personal representative to be responsible to carry out your final wishes and, if necessary, name the person that you would choose to be responsible for caring for your child(ren) and being responsible for their financial decisions.
Trusts
Power of Attorney
When contemplating a divorce or once the process has begun, it may be in your best interest to execute a new Power of Attorney, Health Care Proxy and HIPAA Release.
When filing a Bankruptcy in Massachusetts it is important to understand the differences between the types of Massachusetts Bankruptcies the following information contains bankruptcy information so that you may understand the differences between a Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. As a Bankruptcy Lawyer in Massachusetts it is my job to recommend the best type of Bankruptcy for you and your family.
Foreclosure
As a Massachusetts Bankruptcy Lawyer I can help you to stop foreclosure, rework wage assignments, stop harassing creditor calls, and help you with a new start on life.