Needham, MA Divorce and Family Attorneys
One of the most difficult decisions that any couple will make is deciding when (and if) they should call it quits. There are many reasons why a marriage might end, from infidelity to simply growing apart. If you are contemplating divorce, a skilled Needham divorce attorney can help you navigate the process.
Divorce can be messy and emotionally fraught. While a lawyer cannot insulate you from all pain associated with divorce, they can help to ensure that your rights are protected. From the initial filing to the final resolution of the case, your attorney can advocate for you and make sure that you get as much of what you want as possible.
There are a range of matters that must be addressed in any Massachusetts divorce, from property division to child custody and support to alimony. At Infinity Law Group, we are skilled at all phases of the divorce process. If you are thinking about divorce, reach out today to schedule a consultation with a member of our law firm.
What Must Be Considered in a Massachusetts Divorce Case
When you got married, you probably never thought about what might happen if your relationship ended. If you have gotten to the point where you are thinking about a divorce lawyer or if you and your spouse have already separated, you are now faced with the challenges associated with untangling a life spent together.
The first decision that must be made is whether the divorce will be “no-fault” or “fault.” The basic distinction between the two types of divorces is that in no-fault, the marriage is broken beyond repair, but neither side blames the other. In a fault divorce, one spouse blames the other for the breakdown of the marriage. Fault divorces are typically more time-consuming and expensive than a no-fault divorce. In the vast majority of divorces, most people will file on a “no fault” basis.
In Massachusetts, divorce may be contested or uncontested. A contested divorce means that one person disagrees with either the divorce itself or the terms of the divorce. An uncontested divorce occurs when both spouses agree about everything related to the divorce. Unsurprisingly, an uncontested divorce is often far less costly and takes less time to resolve, compared to a contested divorce.
While every divorce is different, there are a number of factors that must be considered in a typical case:
- Grounds for divorce (fault vs no-fault)
- Child custody
- Parenting schedule for the non-custodial parent
- Child support, including who must pay and the amount
- Other issues related to the costs related to children, such as:
- Extracurricular activities and daycare
- Private education
- College and expenses
- Uninsured medical expenses for children
- Health insurance coverage for spouse and children
- Life insurance to secure the child support payment
- Claiming the tax deduction for any dependent children
- Division of assets, including real estate, retirement, and pensions, bank and brokerage accounts
- Alimony – type, amount, and duration
Depending on your specific situation, some or all of these issues may arise during your divorce. The best way to ensure that you are protected throughout your divorce is to consult with a Needham divorce lawyer as soon as possible after deciding to file for divorce or after your spouse files for divorce.
Why Choose Infinity Law Group?
For more than a decade, Infinity Law Group has represented clients throughout the Needham area with a range of Massachusetts family law matters. Attorneys Gabriel Cheong and Jaye Samuels have significant experience helping people like you get a favorable outcome in their divorce cases.
Our family law attorneys have an in-depth understanding of all aspects of the law. This allows us to provide our clients with a full range of legal services. Whether your divorce case involves no children and limited assets or issues related to custody, alimony, and property division, we are well-equipped to advocate for you throughout the divorce process.
For each case, we take a strategic approach that is designed to meet your goals. While a certain amount of stress is expected in any legal matter, we work with our clients to minimize costs, reduce emotional strain, and protect their interests. This may mean resolving cases through mediation, a settlement agreement, or a trial if need be.
We understand that divorce – like many family law issues – can be emotionally charged and incredibly draining. Our team of compassionate family law attorneys will collaborate with you to help you achieve a favorable resolution. Using our deep experience and knowledge of Massachusetts law, we will fight to protect your rights.
Do I Need a Reason to Get Divorced in Massachusetts?
No. Like most states, Massachusetts allows for “no-fault divorce,” which occurs when there is an “irretrievable breakdown of the marriage.” This may also be referred to as irreconcilable differences. This is the most common ground for divorce in MA: when neither side is at fault, but the parties do not want to be married anymore.
It is also possible to get a “fault” divorce in Massachusetts. There are seven potential grounds for a fault divorce: adultery, impotency, desertion for at least one year, addiction issues, cruel and abusive treatment, confinement in a penal institution, or a refusal to support a spouse when able to do so. When you file for divorce, you will specify whether you want a fault or no-fault divorce. If you choose fault, then you will need to specify the grounds for divorce.
A Needham divorce lawyer can help you determine whether you should file for a no-fault or fault divorce based on your unique situation. Reach out to Infinity Law Group to schedule a free consultation with a member of our legal team.
I Signed a Prenuptial Agreement. Will It Be Enforced During My Divorce?
Prenuptial agreements – or prenups – are generally enforceable in Massachusetts. However, MA courts will examine the agreement closely to make sure that it was both fair and reasonable at the time that it was signed AND at the time of divorce (the “second look”). If there was no full financial disclosure and the process had any element of fraud or coercion, then it would not be enforced. In addition, if the prenup contains an invalid provision – such as waiving the right to child support or child custody – then the contract may not be enforceable.
Either spouse can contest the validity of prenup during the divorce process. A Needham, MA prenup attorney can help you determine whether your prenup is valid and enforceable when starting the divorce process. They can also assist with the drafting of a prenup before you get married to avoid questions about validity should you eventually divorce. To learn more or to talk to a divorce attorney in Needham, MA, reach out to Infinity Law Group today.
Can I Get a Divorce in MA If My Spouse Wants to Stay Married?
Yes. In Massachusetts, either spouse can obtain a divorce based on irreconcilable differences (no fault) even if the other spouse objects. When one spouse doesn’t want to get divorced, it can make the process more difficult, expensive, and time-consuming. In this situation, an uncontested divorce process won’t be possible and your ex may not agree to alternative dispute resolution options such as mediation. The matter may even go to trial if one spouse will not agree to the divorce.
However, even if one party does not want a divorce, they generally cannot stop it from moving forward. It may take longer and cost more money, but ultimately, you will be able to obtain a divorce. If you are in this situation, you will need an experienced Needham divorce lawyer. Contact Infinity Law Group to schedule a free consultation with a member of our team.
Is There a Waiting Period to Get a Divorce in Massachusetts?
Unlike some states, you do not have to be separated for any set period of time before filing for divorce. However, there is a 90-day waiting period after a judge has approved your divorce and the entry of the final divorce decree. In other words, your divorce won’t be final until at least 3 months after the court enters the initial divorce decree. During this time, the parties may file an appeal (in contested divorces), reconcile, or notify the court if they believe that the other party hid assets or income.
This waiting period can be confusing, particularly because any divorce agreement becomes effective immediately after the entry of the initial judgment (known as the Judgment of Divorce Nisi). If you have questions about your status at any point during the process, a divorce attorney in Needham, MA can help you understand your rights. Contact Infinity Law Group today to schedule a free consultation.
Experienced Legal Representation for a Massachusetts Divorce
Making the decision to get divorced can be hard. Finding a great lawyer to represent you doesn’t have to be.
With offices in Needham, Boston, and Quincy, Infinity Law Group will work with you to help you achieve your goals. We are dedicated to helping our clients get the best possible outcome for their family law case. To learn more or to schedule a consultation, call our office at 617-209-2230 or fill out our online contact form.
TIFFANY COX – 4 months ago
Thank you, Jaye! You are the BEST.
Jaye, is an excellent attorney to assit with all of your needs and concerns. Very knowledgable, professional, and helped me through each step of this life changing process.
Thank you for everything, Infinity Law Group.
SR Y – 8 months ago
As one of the clients, I worked with Gabriel Cheong Esq. on a marriage issue.
I decided to work with Gabriel after called 7 attorneys. All of them sound very impatient and ask for ridiculous fees. One of the attorneys even said that he wouldn’t answer any questions before I made the first payment. What a joke. I just asked one basic question so I could decide if I wanted to work with him.
Gabriel is very patient. He explained every basic knowledge in detail during our first phone call before I made any payment. Then he asked if I want to continue. With this patient and professional attitude, why would anyone say no?
The fee didn’t cause me a fortune and was very reasonable. In addition, Gabriel responded to emails and calls very promptly. He explains everything I need to know precisely during every communication.
I don’t find a reason why I shouldn’t work with him in the future if I encounters other legal issues.
Knottlynn Tran – 10 months ago
I retained Gabriel Cheong to draft my prenuptial agreement and am very happy I had done so. His knowledge on prenups and MA marital and divorce laws was evident during our pre-consultation. He catered the prenup to exactly what my partner and I were looking for and answered my questions regarding the process in detail. Overall he was pleasant, professional, and respectful of his client’s time. Would highly recommend if you want a thorough prenup drafted efficiently.