First and foremost, the best option for you and your spouse is to try and resolve as many issues as possible before court intervention is needed. If you are able to come to an agreement on all issues you can seek the 1-A divorce, which is a divorce done when both parties agree on all terms.
Additionally, there is the 1-B divorce, which is where there is disagreement about some or all of the separation issues. Both parties may agree on some aspects and disagree on others. For example, there may be agreement on how to divide up your assets, but disagreement with the child custody arrangement.
Your options are dictated by how contested you believe the divorce will proceed. There are many factors to consider, which include your reasonableness, expectations of what the law offers each party, your spouse’s reasonableness, and the advice they are getting from their attorney. As your attorney, we will be able to advise you on your next steps and how to achieve the best result for you.
What Happens If You Can’t Agree On Custody Or Other Matters In A Divorce?
The likely scenario is that the case will be brought before a judge and you will have to prove why you should be entitled to what you are asking in the divorce. Factors that affect the outcome include but are not limited to childcare options, schools they are attending, who they live with, how much child support is, and the division of marital assets.
Hiring experienced lawyers with extensive divorce trial experience can be a positive difference in your case. With us working for you, we can help you achieve a favorable outcome in a contested divorce.
Once One Party Files For Divorce, What Is The Timeline For A Divorce To Be Finalized?
Typically, the process takes about a year. It may take less time depending on whether both parties agree on terms. In some cases, it can be a multi-year endeavor, especially if there are larger assets and disagreements on proposed terms.
How Is Custody Of Children Determined In Massachusetts When A Couple Is Divorcing?
In most divorces, parents must come to an agreement on the custody terms based on what is best for their children. During the divorce, child custody makes up a significant portion of the divorce proceedings. But in the end, it comes down to the parents to agree upon a child custody arrangement.
Is There Ever An Age Where A Child Can Decide Which Parent He Or She Will Live With?
There is no specific age, but their input is greater the older they are. In the end, it will be up to the parents.
When Will Child Support Be Awarded During The Divorce Process?
There are two main options for child support. It can be awarded immediately as a temporary order or be awarded later at the final resolution of the case. The final resolution can incorporate a backorder of child support that goes back to the date of separation.
How Is Child Support Determined In Massachusetts?
Child support is determined through a child support formula dictated by the state. The formula is very straightforward and can give you an accurate snapshot of the likely amount of child support you will receive.
In other cases, the formula does not account for various complexities in the parties’ relative financial positions – If couples have a significant amount of money in investments but not actual income, gainful vs. ungainful employment, etc.
While the formula is quite simple, deciding what the numbers should be to go into that formula can be a point of significant debate. With our experience, we will help you navigate the confusion.
For more information on Proceeding With A Divorce In Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 570-3037 or filling out a contact form today.