The decision to file for a complaint for divorce is a difficult one that must take into consideration issues such as the division of assets, payment of alimony, and if children are involved, custody, visitation and child support.
In Massachusetts, a party can file either a contested or an uncontested complaint for divorce. An uncontested divorce is one in which the spouses are able to come to an agreement as to how to dissolve their marriage, and resolve issues such as the division of assets, child custody, visitation, support and allocation of debts. This is accomplished by the parties entering into a Separation Agreement which is then either merged and incorporated by the Court as part of the divorce decree or incorporated and not merged by the Court as part of the divorce decree and, as such, survives as an independent legal contract. In an contested divorce, the parties are unable to come to an agreement as to the dissolution of their marriage and the matter proceeds to trial wherein the Probate and Family Court makes an equitable distribution of the parties’ assets and debts and also decides issues such as child support and visitation, as well as custody and visitation of a parties’ minor children based upon the best interests of the children. Often, in cases where a divorce is contested, the parties can come to a settlement as a result of negotiations on issues that are in dispute and, by doing so, can avoid having the case go to trial.
Whether contested or uncontested, Foley & MacAdie, P.C. can assist you in your divorce by providing you with the expertise, experience and guidance to protect all your interests, whether they be related to the division of marital assets and debts, payment of alimony and child support, or concerning custody and visitation of your children. We understand the difficult and unique challenges each client faces when filing for divorce and we approach each case with a combination of sensitivity and skill to accomplish results in the most expedient and cost effective manner.