Divorce
What is a Mediated Divorce?
A mediated divorce in Massachusetts is a voluntary process where a neutral third party, called a mediator, helps spouses work through and resolve the issues related to their divorce. These issues can include, such as property division, child custody, parenting time, alimony, and child support, without going to court to fight it out.
The mediator doesn’t make decisions for the couple but guides productive conversations so they can reach a mutual agreement. Once an agreement is reached, the terms are put into writing, and the couple can then file for a 1A uncontested divorce using the mediation agreement. This approach works best when both spouses are willing to communicate openly and work toward a fair resolution.
What is a Collaborative Divorce?
A collaborative divorce in MA is a legal process in which both spouses agree to work together—outside of court, to resolve the issues involved in their divorce respectfully and cooperatively.
Each spouse is represented by their own specially trained collaborative attorney, and the process may involve other neutral professionals, such as financial advisors or child specialists, to help reach a fair and informed agreement
If either spouse later decides to go to court, the collaborative attorneys must withdraw, and the spouses must hire new lawyers. This creates a strong incentive to stay at the table and find common ground.
Collaborative divorce can be a more private, peaceful, and personalized alternative to litigation, especially for couples who want to preserve a cooperative relationship moving forward.
What is Contested Divorce?
A collaborative divorce in MA is a legal process in which both spouses agree to work together—outside of court, to resolve the issues involved in their divorce respectfully and cooperatively.
Each spouse is represented by their own specially trained collaborative attorney, and the process may involve other neutral professionals, such as financial advisors or child specialists, to help reach a fair and informed agreement
If either spouse later decides to go to court, the collaborative attorneys must withdraw, and the spouses must hire new lawyers. This creates a strong incentive to stay at the table and find common ground.
Collaborative divorce can be a more private, peaceful, and personalized alternative to litigation, especially for couples who want to preserve a cooperative relationship moving forward.
What is a Mediated Divorce?
An uncontested divorce starts when both people agree on everything they file. This involved arrangements such as
- Custody for children
- Division of marital property
- Assets and debts acquired during marriages
Uncontested cases typically involve less formal gatherings of financial records and fewer court appearances. It involves lower legal expenditures and allows couples to maintain direct control over property settlements and parenting plans.
Can a divorce shift from contested to uncontested?
If a divorce begins as contested, where spouses disagree on custody, asset valuation or any other concerns, they may start to exchange information and consult advisors. This can sometimes be a solution and resolve these disagreements, reaching a mutual agreement.
This type of divorce is when the parties agree that the marriage is broken and want the Court to effectuate the divorce legally. There are two types of ‘no-fault’ divorce:
- ‘1A’: Uncontested divorce
- ‘1B’: Contested divorce
What is a 1A divorce in Massachusetts?
‘1A’: Uncontested divorce
Suppose the parties agree that the marriage has irretrievably broken down and have a written agreement that decides how the tangential issues outlined above will be resolved. In that case, their Attorney can file a 1A Divorce. This can include the following:
- Child support
- Parenting time
- Alimony
- Child custody
- Dividing marital assets
What is a 1B divorce in Massachusetts?
‘1B’: Contested divorce
- Child support
- Parenting time
- Alimony
- Child custody
- Dividing marital assets
What are the grounds for divorce in Massachusetts?
Fault grounds
There are 7 ‘fault’ grounds for reason; this process can take longer and have a more expensive outcome than a no-fault divorce. ‘Fault’ grounds refer to one person being considered at fault in the marriage, causing it to end. The seven include:
- Adultery
- Desertion
- Gross and confirmed habits of intoxication
- Cruel and abusive treatment
- Non-support
- Impotency
- A prison sentence of 5 or more years
No-fault
This type of divorce is when the parties agree that the marriage is broken and want the Court to effectuate the divorce legally. There are two types of ‘no-fault’ divorce:
- ‘1A’: Uncontested divorce
- ‘1B’: Contested divorce
What are the grounds for divorce in Massachusetts?
There are four different types of Alimony in Divorce, and each kind of alimony has rules about the following:
The length of marriage applies
- How long can it last
- What can end it
- If it can be changed
1. General Alimony
‘General term’ alimony is for a spouse who needs alimony to meet their financial needs.
The length of time general term alimony can last is called ‘duration’, which depends on the length of the marriage. Shorter marriages typically result in shorter alimony periods, while longer marriages may lead to longer support obligations. This can also include
- Between 5 to 10 years
- Between 10 to 15 years
- Between 15 to 20 years
- Longer than 20 years
How can a general Alimony end?:
The spouse receiving the alimony remarries
Either spouse dies
The spouse paying alimony reaches “full retirement age”
A general term, alimony, can be reduced or suspended if the paying spouse can show that the receiving spouse has ‘cohabited’ with another person.
2. Rehabilitative Alimony
This is temporary support intended to help a spouse become financially self-sufficient. A rehabilitative alimony can be ordered by the judge for any length of marriage and can last for up to 5 years.
The following can cause a rehabilitative alimony to end automatically:
The spouse receiving the alimony remarries
Either spouse dies
A specific event happens
3. Can rehabilitative alimony be changed?
The judge can change or extend the order if the following are met:
Something unexpected happens that stops the spouse who gets alimony from becoming self-supporting
The spouse who received alimony has tried to become self-supporting
The spouse who pays alimony can pay it, and it is not too hard on them to do so
4. Reimbursement Alimony
This type of alimony is used in short-term marriages (less than 5 years) and compensates one spouse for expenses they helped cover during marriage, such as the other spouse’s education or job training. This can last for any length of time.
The following can cause Reimbursement alimony to end if:
- When the spouse gets it dies
- On the date, the judge ordered it to end
The judge can not change the order, and neither spouse is allowed to ask the court to change it.
Transitional Alimony
The following can cause transitional alimony to end if:
- When the spouse who gets it dies
- On the date, the judge ordered it to end
A transitional alimony can not be modified, extended or replaced with another kind of alimony by the judge.
What are modifications?
What is a contempt complaint?
What factors determine child custody in Massachusetts?
Child custody
Child custody in Massachusetts refers to the physical and legal care of a child following a divorce or separation. There are four types of custody arrangements, and parents can agree on a plan that works best for their family, as long as it supports the child’s best interests
What are the four types of child custody?
1. Sole legal custody
One parent has the rights and responsibilities to make major decisions about the child, including ones about education, medical care, religion, and emotional development.
2. Shared legal custody
Both parents share the responsibility and decision-making power for these important areas.
3. Sole physical custody
The child primarily lives with one parent, while the other usually has scheduled parenting time, unless the court finds visitation isn’t in the child’s best interest.
4. Shared physical custody
The child splits time living with both parents, allowing for frequent and meaningful contact with each parent.
What is the difference between child custody and parenting time?
What is the difference between prenuptial and postnuptial?
In Massachusetts, prenuptial and postnuptial agreements are legal contracts that outline how a couple’s assets, debts, and other financial matters will be handled in the event of a divorce or death.
A prenuptial agreement (or “prenup”) is made before the couple gets married. It can address things like property division, alimony, and protection of family inheritances or business interests. Prenups are especially helpful when one or both parties have significant assets or debts before the marriage.
A postnuptial agreement (or “postnup”) is similar, but it’s signed after the couple is already married. It can be used to update financial arrangements or set clear expectations if circumstances change during the marriage, such as one spouse leaving the workforce or inheriting money.
Both types of agreements must be fair, signed voluntarily, and based on full financial disclosure from both spouses. While Massachusetts courts do enforce these agreements, they will review them closely, especially postnuptial ones, to ensure that they are not one-sided or made under pressure.
What happens if my spouse is out of state?
How will my assets be divided up?
What is the difference between marital property and separate property?
Marital assets:
All the property, money, and belongings that either spouse acquired during the marriage, regardless of whose name is on the title or account. This can include things like the family home, cars, bank accounts, retirement savings, businesses, and even debts.
Assets that were owned before the marriage, inherited, or received as gifts may be considered separate property – but in some cases, even these can be included in the division if they were mixed with marital assets or used during the marriage.
Separate property:
Any assets spouses acquired before the marriage. Unlike marital property, separate property is not subject to property division during a divorce.
What are hidden assets?
What is an expert witness?
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if
- The expert’s scientific, technical or other specialized knowledge that will help understand evidence or to determine a fact in issue
- Testimony is based on sufficient facts or data
- Testimony is the product of reliable principles and methods
- The export has reliably applied the principles and methods to the facts of the case
Common expert witnesses in divorce cases include financial experts (like forensic accountants or business appraisers), mental health professionals (such as psychologists who conduct custody evaluations), and real estate appraisers.
Divorce
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Did you or your spouse file for divorce or are you planning to get divorced? Divorces can quickly get messy - are you prepared?
Do you and your spouse both want to get divorced? Is your spouse claiming you did something wrong and using this as the reason to divorce you? If you and your current spouse disagree on any aspect, you need legal help. Many people are overwhelmed by a divorce – you’re not alone! Ask for help. The Law Office of Kevin Patrick Seaver offers you compassionate, knowledgeable, and personalized legal representation tailored to protect you and your family’s interests during one of life’s most challenging transitions.
- Figure Out What you and your spouse agree on - Try compromise first.
- Strongly consider a Mediator or Collaborative Divorce Attorney
- Do Not Try Litigating Your Divorce Alone.
Types of Divorces in Massachusetts
Contested vs. Uncontested Divorce : There are uncontested and contested divorces.
- Uncontested/1A Divorce: You and your spouse agree there is an irretrievable breakdown of the marriage and all key issues (child support, custody, alimony, asset division). Often handled through mediation or a collaborative attorney.
- Contested/ 1B Divorce: When the spouses disagree and are unable to reach a compromise on one of the above key issues. This requires going to court, but not necessarily a trial.
Filing Your Divorce Complaint
What factors determine child custody in Massachusetts?
Child custody
Child custody in Massachusetts refers to the physical and legal care of a child following a divorce or separation. There are four types of custody arrangements, and parents can agree on a plan that works best for their family, as long as it supports the child’s best interests
What are the four types of child custody?
1. Sole legal custody
One parent has the rights and responsibilities to make major decisions about the child, including ones about education, medical care, religion, and emotional development.
2. Shared legal custody
Both parents share the responsibility and decision-making power for these important areas.
3. Sole physical custody
The child primarily lives with one parent, while the other usually has scheduled parenting time, unless the court finds visitation isn’t in the child’s best interest.
4. Shared physical custody
The child splits time living with both parents, allowing for frequent and meaningful contact with each parent.
What is the difference between child custody and parenting time?
What is the difference between prenuptial and postnuptial?
In Massachusetts, prenuptial and postnuptial agreements are legal contracts that outline how a couple’s assets, debts, and other financial matters will be handled in the event of a divorce or death.
A prenuptial agreement (or “prenup”) is made before the couple gets married. It can address things like property division, alimony, and protection of family inheritances or business interests. Prenups are especially helpful when one or both parties have significant assets or debts before the marriage.
A postnuptial agreement (or “postnup”) is similar, but it’s signed after the couple is already married. It can be used to update financial arrangements or set clear expectations if circumstances change during the marriage, such as one spouse leaving the workforce or inheriting money.
Both types of agreements must be fair, signed voluntarily, and based on full financial disclosure from both spouses. While Massachusetts courts do enforce these agreements, they will review them closely, especially postnuptial ones, to ensure that they are not one-sided or made under pressure.
What happens if my spouse is out of state?
How will my assets be divided up?
What is the difference between marital property and separate property?
Marital assets:
All the property, money, and belongings that either spouse acquired during the marriage, regardless of whose name is on the title or account. This can include things like the family home, cars, bank accounts, retirement savings, businesses, and even debts.
Assets that were owned before the marriage, inherited, or received as gifts may be considered separate property – but in some cases, even these can be included in the division if they were mixed with marital assets or used during the marriage.
Separate property:
Any assets spouses acquired before the marriage. Unlike marital property, separate property is not subject to property division during a divorce.
What are hidden assets?
What is an expert witness?
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if
- The expert’s scientific, technical or other specialized knowledge that will help understand evidence or to determine a fact in issue
- Testimony is based on sufficient facts or data
- Testimony is the product of reliable principles and methods
- The export has reliably applied the principles and methods to the facts of the case
Common expert witnesses in divorce cases include financial experts (like forensic accountants or business appraisers), mental health professionals (such as psychologists who conduct custody evaluations), and real estate appraisers.
Massachusetts Mandated Reporting Laws – What Triggers a DCF Case
With over 34 years of dedicated experience, we’ve helped countless Boston families navigate the complexities of divorce with clarity and compassion. From high-stakes negotiations to sensitive family matters, we bring deep knowledge and a steady hand to every case. When your future is on the line, trust a professional who’s been standing up for clients in Boston for over three decades.
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Avoiding Termination of Parental Rights in Massachusetts
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FREQUENTLY ASKED QUESTIONS
What should I do if I’ve been falsely accused by DCF in a 51A report?
If you are facing DCF false allegations and accusations from a 51A report, you must act fast. Even baseless and retaliatory claims can trigger invasive investigations and serious consequences. DCF cases can be won or lost based upon a single conversation. Contact our experienced DCF defense team immediately so we can help protect your rights, present the truth, and prevent the situation from escalating. Early legal action can make all the difference
What should I do if DCF contacts me about a 51A report or starts an investigation?
If you’ve been contacted by DCF regarding a 51A report or investigation, don’t face it alone. These cases can move quickly and have serious consequences. Contact our law firm immediately—we’ll explain your rights, guide you through every step, and fight to protect your family.
Can I refuse to speak with DCF without my attorney present?
Yes, and you should. You have a right to have an Attorney present during any DCF Interview, Home Visit, or other meetings. Speaking with DCF without legal guidance can put yourself and your family at risk. Reach out to our experienced DCF attorneys today. We are ready to stand with you and ensure your rights are protected.
How is child custody decided in Massachusetts probate and family court?
Custody decisions are based on what is in the “best interest of the child.” Courts apply a wide range of factors depending on the circumstances including parent’s stability, parental involvement, living conditions, age, financial capability, etc. If you are facing a custody battle, contact our family law team today. We’ll help you build a strong case and get you the outcome you deserve.
What is the difference between legal and physical custody?
Legal custody refers to decision-making power, while physical custody determines where the child lives. Massachusetts courts can award a range of different custody arrangements including joint or sole custody. The amount of visitation and decision making power is determined in a parenting plan. If you need help achieving the option that is best for your family, call our firm immediately. We can help you understand the options and fight for your parental rights.