Andover Divorce Lawyer
Going through a divorce is rarely a pleasant process, and requires a thorough understanding of divorce law. If you and your spouse are considering a divorce in Massachusetts, here’s a list of questions that you may have regarding your divorce, as well as relavent answers. For a more comprehensive explanation of divorce law in Massachusetts, contact the attorneys at The Law Offices of Attorney Michael F. Mimno.
Can my spouse stop me from getting a divorce?
While uncontested divorces are usually much simpler, a contested divorce is possible. In a contested divorce, one partner may not agree to getting a divorce, or may have disagreements about how property and assets are to be divided. Despite disagreements, though, your spouse cannot stop you from getting a divorce if you want one.
What is spousal support and do I qualify?
Many people who are getting a divorce have questions regarding spousal support payments and whether or not they qualify. Spousal support payments, also known as alimony payments, are typically paid by the financially independent spouse to the financially dependent spouse. In Massachusetts, an alimony payment is decided by a judge based on a couple’s length of marriage, age of the parties, health of the parties, income, employment, employability of both parties, economic and emotional contributions of both parties, marital lifestyle, lost economic opportunities as a result of marriage and more, according to Massachusetts General Law Chapter 208 Sections 48-55.
How will property be divided following divorce?
A couple seeking a divorce can have a mediated divorce in which issues of property and asset division are decided together, and then approved by a judge. When a couple cannot come to an agreement regarding division of property, though, a judge will divide property for them. Factors that may affect a judge’s decision when dividing property are similar to the factors that are considered when determining an alimony award as well as the conduct of the parties during the marriage.
Will I get custody of my child?
One of the biggest issues in a divorce case is who will get custody of a child that is the offspring of both parents. According to Massachusetts General Laws Chapter 28 Section 28, the court must make a decision regarding child custody that is “in the best interests of the child.” As such, the court will consider the needs of the child, and how the role of each parent affects those needs.
Do I need a Massachusetts divorce attorney?
While the law does not require that you have an attorney when filing divorce, an attorney can be essential in explaining the above questions, and ensuring that you get a property division agreement, alimony amount, child support payment amount, and a result that you deserve. At The Law Offices of Attorney Michael F. Mimno, our legal team will guide you through divorce law, and help to make sure that your rights and interests are protected. If you have questions, call us as soon as possible for answer at 978-470-4567.