Divorce is quite the emotionally taxing event. It cuts through families, tearing them apart and forcing all neutral parties to choose sides. Beyond a narrow lens of two people going separate ways, certain large implications are at play.
When emotional, legal, and financial stakes are high – divorce is elevated from just an end to a comprehensive re-evaluation of life. Afterall, it’s two integrated lives that are parting ways. Thus, divorce asks the couple to consider their life and their stake in it very deeply. Them splitting apart must be on fair grounds – on both spouses and any dependents. According to a family law attorney in Boston, couples commonly underestimate how many factors are up for debate during a divorce. These are the factors that end up having a long-term consequence, and thus must be known…
Alimony
Alimony, or spousal support, is one of the most contested aspects of a divorce. In Massachusetts, the courts consider several factors when determining alimony, including the length of the marriage, the age and health of both parties, their incomes and employment statuses, and the contributions each made during the marriage. The purpose of alimony is to ensure that the lower-earning spouse can maintain a standard of living similar to what was established during the marriage.
Property Division
Dividing marital property can be a daunting task. Massachusetts follows an equitable distribution model, meaning that property and assets are divided fairly, though not necessarily equally. This includes the family home, investments, retirement accounts, and even debts. The court considers various factors, such as the length of the marriage, the needs of each party, and their contributions to the marital estate.
Child Support
Child support is a critical component of any divorce involving children. The Massachusetts Child Support Guidelines dictate how much financial support the non-custodial parent must provide to ensure the child’s needs are met. This includes basic necessities such as food, clothing, and shelter, as well as educational and medical expenses. Calculating child support can be complex, involving an assessment of both parents’ incomes, the number of children, and the amount of time each parent spends with the children.
Custody
Child custody decisions are among the most emotionally charged aspects of divorce. Massachusetts courts prioritize the best interests of the child, considering factors such as each parent’s ability to provide a stable environment, the child’s relationship with each parent, and the child’s adjustment to their home, school, and community. Custody can be physical, where the child lives, or legal, which involves decision-making rights about the child’s upbringing.
Visitation
Visitation rights are crucial for ensuring that both parents maintain strong relationships with their children post-divorce. These arrangements can range from regular visits to shared holidays and vacations. The specifics of visitation are often tailored to fit the unique circumstances of the family, and disagreements can arise.
Attorneys who specialize in family law are integral to this process. They possess specialized domains in two key areas – all legal concerns related to families; and the legal method of investigation, representation, and negotiation. As such, your lawyer can work with you to identify what matters to you. By comprehensively understanding your needs and capacities, a path forward can be negotiated.
Remember, not all things will be solved easily in a sit-down negotiation. There may come a time where your side must be presented to a judge. Having a lawyer who can understand all the nuances that can influence a judge’s decision can be beneficial! So don’t let your future be dictated by one bad marriage – reach out to a family law attorney and get divorced on your terms.