Divorce and Legal Separation

divorce lawyer

A divorce is the legal remedy to terminate a couple’s marriage.  When getting a divorce, the parties must be prepared to discuss property division (assets and liabilities), child support, child custody and parenting plans, alimony, health and life insurance, and many other issues.

The Divorce Process

There are several paths that married parties wishing to obtain a divorce may take depending on their needs and unique situation.  Out of court processes, such as mediation and collaborative law, tend to be quicker and less costly.  However, if the divorce is contested and the parties cannot come to an agreement, then the divorce will need to go through litigation in the courts.

Uncontested Divorce

If the parties file for an uncontested divorce, they will work together with their divorce attorneys to reach an agreement on all of the necessary issues.  The parties will only have to appear at family court once, to file all the necessary paperwork and appear before the judge to have their agreement approved.

Uncontested divorces are often the result of out of court processes such as mediation and collaborative law, or litigation cases where the parties and their lawyers work cooperatively together to reach a settlement.

Contested Divorce

If the divorce is contested, or if the parties cannot come to an agreement, the family court will assign dates for various hearings, including a trial if the parties cannot reach an agreement before that date.  Most cases even when contested result in settlement without the need for trial, but litigated cases are often lengthier in time and more costly than out of court settlement processes such as mediation and collaborative law.

Choosing the Best Divorce Process for Your Needs

The divorce lawyers in the Levitt Law Group are all experienced in the various approaches to divorce, including collaborative law, mediation, and litigation.  We can help you decide which avenue is best for you and your family.

Contact the Levitt Law Group today to discuss any issue related to divorce in Massachusetts.

Legal Separation

A legal separation is an order of the Court for financial support for a spouse or children while the parties are living apart, when there is some justifiable reason for living apart or one spouse has abandoned the other without providing for their financial support.

Legal separation is accomplished through a Complaint for Separate Support which is filed with the Court.  In a proceeding for Separate Support, the Court can also address the issues of custody and parenting of children.  However, the Court cannot divide any property under a Complaint for Separate Support, as it does not have the same finality as a divorce.  The parties can divide their own property, but that division could be subject to reallocation by the Court if the case does become a divorce case later in time.

A Complaint for Separate Support is often appropriate for individuals who do not want to proceed to divorce and either want a trial separation or are considering the possibility of reconciliation, or for individuals who might have moral or religious reasons related to divorce.  A legal separation may also be appropriate in other circumstances.

Our lawyers can help you decide whether a legal separation is the right solution for you.   Contact us for more information or to schedule a consultation.