Legal Separation
Many couples decide to legally separate prior to officially filing for divorce for financial based reasons, and other situations where a legal separation is required. However, preparing the legal separation agreement can be a bit difficult to say the least. First and foremost, the vast majority of couples disagree on the terms that need to be included in the legal separation agreement. For example, the document must include issues related to spousal support, child custody and child support, visitation rights, the division of assets and property, and the disbandment of any joint situation.
In addition, the legal separation document is difficult to prepare unless you have experience doing it. You and or your spouse probably do not know the laws in the Commonwealth of Massachusetts. As a family law firm we will not only help work out the terms between the parties, but also properly prepare the legal separation document. Otherwise, the legal separation agreement may end up being invalid. The bottom line is that you need to have legal representation in order to ensure that the paperwork is filled out and filed correctly.
Divorce
If you are planning a divorce in the Commonwealth of Massachusetts than you are certainly not alone. In fact, 40-50 percent of couples in the United States end up getting divorced. When the marriage is no longer sustainable it should be legally terminated. However, that is a lot easier said than actually done. This holds especially true if one party wants the divorce and the other party is against it. Even if both parties are fully on board with the divorce, the vast majority of couples need professional legal assistance. Most couples combine assets when they get married.
For example, they combine funds and open joint bank accounts and investment accounts. Most couples also share debt. In essence they are on the same credit card accounts, car loan accounts, personal loan accounts, and mortgages if they own a house or other real estate. That means nearly all soon to be ex-couples tend to argue about how to split the assets and handle the debt. You need a family lawyer in the Commonwealth of Massachusetts to properly file for the divorce, and to negotiate the best terms for you.
Child Custody And Paternity
Child custody and divorce or legal separation tend to go hand in hand. That being stated, it also happens to make up a separate segment of family law. This is due to the fact that not all coupes who are facing divorce have children together, and not all couples who are splitting up are technically married. In essence, an unmarried father who is separating from his girlfriend may very well fight for custody of the child or children. An unmarried mother who is separating from her boyfriend may also fight for custody of the child or children.
When it comes to custody, it is not typically an open or shut case. More often than not the parents will be in disagreement regarding the child custody situation. That means the family law court system will need to determine what is best for the child or children. The judge, who presides over the case, will consider many factors such as the mental and physical health of the parents, the financial situation of each parent, the age of the child or children, and the needs of the child or children to name a few.
A family law attorney, like Your Legal Rights Advocates is needed to ensure that the results will go your way. Paternity rights is directly related to child custody. For example, if a father desires to have custody of his child or children he will need to prove that he is actually the father of that child or children. If he can prove paternity, that father can then request custody. On the other hand, paternity can also help the mother. For example, a mother may be in search of child support form the biological father of her child or children.
Adoption
Adoption is a key area of family law. The adoption process in the Commonwealth of Massachusetts can be difficult to navigate to say the least. In essence, if you would like to adopt a child or multiple children than you not only need to understand the plethora of requirements you also need to carefully comply with them. A family law attorney firm like ours is necessary to help would be parents plot the best course of action when it comes to starting your new family.
You need the help of an expert to properly deal with all of the trials and tribulations that are related to adoption. The vast majority of couples who attempt to adopt on their own simply do not have the tools that are necessary to cut through all of the red tape. The adoption procedure can be incredibly frustrating and time consuming unless you know exactly what you are doing. That is why we are here to help. Your Legal Rights Advocates will sit down you to fully explain all of the rules and regulations that are associated with adoption.
We will also help you fill out all of the necessary paperwork in the proper manner to make sure that the adoption process will be a successful one. Our job is to ensure that you add a child or children to your family, and we take our job incredibly seriously.
Alimony And Spousal Support
If you are considering or planning a legal separation or divorce in the Commonwealth of Massachusetts, you may very well have questions about alimony, which is also known as spousal support. Your Legal Rights Advocates is here to answer those questions. When a husband or wife requests alimony and the judge concludes that it is mandatory the higher wage earner pays for that spousal support. The alimony may be awarded on a temporary basis before the divorce agreement is finalized, or on a more permanent basis as part of the divorce agreement.
In essence, the alimony amount is intended to even the playing field between the spouses from a financial standpoint, and is calculated accordingly. Typically speaking the party that is required to pay the alimony wants to pay as little as possible. On the other hand, the party who is receiving the alimony wants to be paid as much as possible. That is why a family law attorney such as our firm should be utilized to help negotiate terms that are fair for both the spouse who is paying the alimony and the spouse who is receiving the alimony.
Property Division
All couples that are divorcing in the Commonwealth of Massachusetts are required to split their marital property. They are also required to allocate the amount of debt that has accrued during the marriage. Furthermore, the law requires the division of marital property and allocation of debt to be fair and equitable. That being stated, it does not necessarily mean that the split needs to be equal. That is why you need the help of a family law attorney who is familiar with the property division laws. In essence, Your Legal Rights Advocates will negotiate the best settlement for you.
The negotiation skills of your attorney can make the difference of you receiving the property division settlement that you deserve, or leaving assets and money on the table that will end up going to your husband or wife. Although marital property only refers to property that was acquired during the marriage, the judge is actually allowed to divide all of the couple’s assets. This includes property that was acquired outside of and prior to the marriage. Depending on what side of the table you are on, you need a family law attorney who will negotiate for your rights to protect the vast majority of your pre-marital property, or to obtain as much pre-marital property as possible from your spouse.
Pre-Nuptial Agreements
When you become engaged to the person that you believe you want to spend the rest of your life with, it is difficult to believe that you may end up getting divorced someday. However, approximately 50% of marriages end up in divorce and only last upwards of eight (8) years. That means you need to protect any and all assets that you have obtained prior to the marriage. Think of the pre-nuptial agreement as an insurance policy that you hope never comes into play, but if it does you’ll be glad you have one. The pre-nuptial agreement can also act as the foundation of the divorce agreement since it speaks to the division of assets, debt, and spousal support.
Each party should be represented by their own family law attorney prior to executing the pre-nuptial agreement. In essence, you need family law lawyers to explain exactly how the pre-nuptial agreement works, and how it will impact the husband and the wife if they end up in divorce court. In addition, the pre-nuptial agreement may be deemed unenforceable by the court if both parties are not represented by an attorney. For example, if the judge feels that one party signed the pre-nuptial agreement without attorney representation that party may not have fully realized what he or she was signing, or the fact that they were waiving their rights.
Grandparent’s Rights
Grandparents are typically an important piece of the family puzzle. However, there are certain situations when grandparents must takeover the parenting role. For example, the parents of the grandchildren are either deceased or unable to raise their children for a variety of reasons. If that is the case in your family, you may be able to receive financial aid under the grandparent’s rights laws in the Commonwealth of Massachusetts. Your Legal Rights Advocates can help when you are dealing with a challenging situation. Many grandparents must fight for legal custody in order to ensure the well being and safety of their grandchildren.
If a parent or both parents of the children are unwilling to give up custody, even on a temporary basis, you will have a legal fight on your hands. If you are currently in this situation than you should be represented by a family law attorney who can help you exercise your grandparent’s rights. In addition, there are a plethora of grandparents out there who do not speak or having anything to do with their children for various reasons. If this has happened to you and you have been completely cut off from your grandchildren we can help you fight for your visitation rights. That way you can be part of your grandchildren’s lives without being involved with their parent or parents.
Child Support Modifications
Did you know that child support agreements could be modified? In essence, the amount of the child support payment can either be increased or decreased based on specific criteria. For example, if the parent who is paying the child support payments starts earning more money the child support payment may increase. On the other hand, if the parent who is paying the child support payments loses his or her job or is earning less money, the child support payments may decrease. This does not happen automatically. The party who is looking for the increase or decrease must file for the child support modification in a court of law.
If you are the party filing for the child support modification than you should hire a family law attorney to represent your best interests. Your Legal Rights Advocates will ensure that the paperwork is filled out correctly. We will also negotiate a child support modification amount that is fair to you, your former spouse, and of course your child or children. You should also hire a family law attorney to represent and defend you if your former spouse has filed for a child support modification. This will ensure the best overall outcome for all parties involved in the process.
Protection Orders
If you or your children are being abused by your husband, wife, boyfriend, girlfriend, or anyone else living at your house than you should have a family law attorney file a protection order in the Commonwealth of Massachusetts. Your Legal Rights Advocates will also follow up to make sure that the protection order is being properly enforced. Protection orders can go a long way in keeping you safe. In essence, it orders the abuser to remain a particular amount of distance away from you and your children if they are part of the protection order.
The protection order can also force your abuser to move out of a home that you share, make that person stop contacting you, and impose upon him or her to stay away from both your residence and place of work. The protection order may also reimburse you from any financial based losses that are due to the abuse. For example, if you lose income, suffer from property damage, or have medical expenses due to being abused you have a right to be reimbursed for the money that you lost.
If you are being accused of abuse it is also important to hire a family law attorney to represent you. Your Legal Rights Advocates not only file protection order petitions on behalf of the abused parties, we also fight protection orders on behalf of the parties who are being accused.
