Preparing You For Your Divorce And Beyond
A divorce by nature is a tumultuous event, which can often be paralyzing. Understandably, you may be anxious about your future. We, at McEvoy & Stuntz LLP, are experienced and compassionate. We will walk you through all phases of the divorce process whether uncontested or contested. Our attorneys have decades of combined legal experience and focus solely on all aspects of family law matters, including post-divorce actions. We also have experience handling same-sex divorce matters and non-traditional families. Though every divorce is different, each case is handled with empathy, competence and zealous representation.
The Divorce Process In Massachusetts
Massachusetts is a no-fault divorce state, meaning that you may file for an “irretrievable breakdown of the marriage” as opposed to asserting a fault ground, which must be proved. If the matter is uncontested, the parties may file a Joint Petition for Divorce; however, in this instance all of the paperwork and the parties’ financial statements must be completed and filed together as a package. In the event there is no agreement, either party may file a Complaint for Divorce, which may later be amended to a Joint Petition upon the reaching of an agreement. Whether the divorce is contested or uncontested, McEvoy & Stuntz LLP can help you address issues such as:
- Division of property (real and personal)
- Alimony (spousal support)
- Child support
- Parenting plans
- College & extracurricular expenses
- Health insurance
If you and your spouse agree on the main points of your divorce, or you reasonably believe there might be a chance for an agreement, you may be able to settle your divorce using mediation or another type of alternative dispute resolution, saving you time and money, as well as the emotional toll of a contested divorce. You may also find you have much more control over the outcome in this situation.
If you and your spouse cannot agree, the case will proceed before a Justice of the Probate & Family Court. Often, cases will settle at or before the pre-trial conference. In the event a case does not settle at or before a pre-trial conference, any unresolved issues are tried before a Justice of the Probate & Family Court. The attorneys at McEvoy & Stuntz LLP are seasoned trial attorneys having taken a myriad of cases through all trial and appellate stages. Upon the conclusion of a trial, the Court enters a judgment as to all unresolved matters including but not limited to the division of the marital estate, custody/parenting plan and support in accordance with the factors enumerated under M.G.L. Chapter 208, Sections 34 and 48-55.
We have decades of experience litigating divorce issues in court, and we not only advocate for the best possible outcome, but we will also fight to ensure you achieve your legal goals as well. We are passionate about achieving the best interests of children through our training as Category F guardian ad litems, and through our service as legal counsel for children through the ARC Program.