Massachusetts divorce: A look at the most critical issues for spouses

Going through a divorce can be extremely excruciating. Besides the emotional distress, which can be hard to bear, there are legal aspects to consider. Massachusetts allows for both no-fault and fault-based divorces, which means you don’t have to blame or accuse your spouse of anything to end the marriage. However, more often than not, separating spouses have the hardest time resolving conflicts. No matter the circumstances, you have to hire a Massachusetts divorce lawyer to ensure your rights are protected. In this post, we will discuss some of the critical issues that usually crop up. 

Division of property & assets

Like most states, Massachusetts also allows for equitable distribution of marital properties. However, this doesn’t mean both spouses get an equal share. In long-term marriages, the division is often equal. If your marriage was for a short term, the court will ensure you and your spouse have the same quality of life respectively as before the marriage. Factors that usually matter for such decisions include the length of the marriage and the income and occupation of the spouses. If one party was a stay-at-home spouse, their contribution to the marriage would be considered. In such situations, you don’t want to leave everything to court, and your attorney can ensure you don’t settle for less than what you deserve. 

A look at spousal support

In Massachusetts, there are usually four types of spousal support or alimony. General term alimony is meant to offer financial support to a spouse who has been dependent on the other. However, there is a limitation to the time for which spousal support is available, depending on the length of the marriage. If a couple has been married for more than 20 years, the asking spouse may get alimony for an indefinite period. 

Understanding child custody & child support 

One of the major reasons why couples fight is child custody. In Massachusetts, child custody can be divided into two parts – legal and physical. If the spouses share joint legal custody of the minor child, they both get to make critical decisions related to education, religion, healthcare, and other crucial aspects. Courts usually allow parents to have joint legal custody, but each case is unique. The second type is physical custody, which determines who the child stays with and the visitation rights of the other parent. The court will also consider the best interests of the minor child before deciding on child custody.  

As for child support, a standard mathematical formula is used for most cases. The formula considers the income of both parties, the parent who gets the custody, and other requirements, such as health insurance and education costs, to determine who pays for child support.

Should you get a divorce lawyer?

Each divorce has a unique set of circumstances, and what may have worked for someone may not work for you. It is rather foolish to rely on the information you find online to make decisions concerning your divorce. You need to find a reliable divorce lawyer who can educate you about Massachusetts laws and how you should deal with different aspects. A capable attorney is your best bet if you want to consider negotiating with your spouse through a collaborative divorce or mediation. When hiring an attorney, ensure they are based in your city and offer you the support and legal assistance you need. They will also further help you deal with the paperwork and ensure every document is clear to you before signing. 

Find a local lawyer for your divorce, and when you go for a consultation, discuss the fees and other expenses in detail. Many law firms may work on a flat fee for uncontested and simple divorces.