Taunton Divorce Lawyer

Judges Must Follow the Law in Divorce Cases

Judges are charged with many responsibilities and one of these is issuing orders during a hearing. If either party fails to comply with these orders, they can be held in contempt of court and receive penalties. Therefore, it’s important to abide by a judge's order until it is amended by that same judge.

The consistency and predictability of a judge's decision-making process provide a stable framework, yet each case is assessed on its individual merits. We assist our clients by preparing thorough documentation and representation, ensuring that all aspects of their situation are effectively communicated to the court.

Judges are not allowed to favor certain sides or allow personal biases to impact their ruling in a divorce case or any legal matter they are asked to hear. They are also not allowed to issue a ruling based on legal requirements that are not in effect or their personal experiences with a law.

In turn, if a family court judge fails to abide by the current law, a divorce attorney might be needed to correct the judge’s actions. Judges only have the power within the statutes the law allows them and their interpretation of said laws. The law does not give judges the right to decide from scratch.

The Basics of the Divorce Process in Massachusetts

Before you begin the divorce proceedings, you should be fully informed about the process. You will also need to take necessary steps to protect yourself. Our Taunton divorce lawyers can help you get started with the process while answering any questions or concerns you may have.

Preparation is key when embarking on divorce proceedings. Understanding the timeline and required documentation can reduce anxiety and allow for strategic planning. We offer pre-divorce consultations to outline these steps, improve clarity, and prepare you for each phase, ensuring you remain informed and empowered throughout.

Petition Stage

In Massachusetts, the spouse who is filing for divorce is formally referred to as the plaintiff, while the defendant or the spouse served the divorce petition is known as the defendant. Regarding these terms, another big mistake people make is thinking just because they did not block the presentation of a divorce case, the status of defendant would not apply. In the event of default, you will still be considered a defendant. It is better to stay well-informed about your status during divorce proceedings in the first place.

Initiating the divorce process requires careful documentation, beginning with the formal petition. Our divorce attorneys guide clients through preparing this package, ensuring it comprehensively represents their circumstances and goals. With our help, clients are better positioned to present a strong and compelling case from the onset.

Discovery Stage

After the defendant receives the divorce complaint from his or her spouse, the discovery period of the divorce proceedings begins. The defendant must prepare an answer to the complaint and contest any claims he or she thinks are important.

During the discovery phase, our team assists in the careful gathering and presentation of information, ensuring that both property and non-tangible issues are assessed. This phase can be pivotal to reaching a settlement, making it crucial to provide accurate and complete disclosures to lay the groundwork for negotiation.

The answer needs to be filed with the court and the plaintiff served with a copy of it. The plaintiff can file a rebuttal to the claims of the defendant, or respond to them. The couple is likely to work through the rebuttal process either directly, with their lawyers, or as part of the discovery process.

The Role of a Divorce Lawyer in Massachusetts

At the Law Offices of Rachel M. Matos, our divorce lawyers in Taunton provide helpful counsel about all aspects of our clients’ cases. We guide our clients through the entire legal process, keeping their best interests in focus. Throughout the duration of your case, our attorneys will provide constant updates regarding any progress that is made.

Our divorce attorneys function as advisors and advocates, ensuring your voice is heard at every stage of the divorce. We work collaboratively with you, adapting our strategies to fit your evolving needs while offering insight into both immediate and long-term considerations, such as financial planning post-divorce.

We encourage our clients to do whatever they can in their efforts to secure a favorable outcome. We understand that going through a divorce can be one of the hardest experiences you may go through, but we aim to help you confidently move on to the next chapter of your life. Our divorce lawyers proudly provide personalized representation, and we respond to all our clients’ calls and emails in a timely manner; at our firm, you are never just a case number.

Communication and transparency are at the heart of our client-lawyer relationship. By cultivating an open channel of communication, we empower clients to make informed decisions, ensuring they are equipped to handle both expected and unforeseen challenges in their divorce proceedings.

What Makes a Divorce Complicated?

Divorces become especially complicated if there is a question about the prenuptial agreement or if one or both spouses want to request to get the agreement rescinded. A prenuptial agreement is a contract that usually describes the properties of each spouse and their intended plans for those properties in the event of a dissolution of the marriage. People can ask the court to rescind a prenuptial agreement if they believe they were not fully aware of the meaning or consequences when they entered the marriage or because they genuinely forgot about the agreement.

Additionally, divorces can be further complicated by factors such as international properties, businesses co-owned by the parties, or significant capital gains to be distributed. Each hurdle requires a tailored legal approach to identify solutions that minimize disruption and preserve fairness throughout the process.

Another reason that makes for a complicated divorce is if the spouses have children, child custody and child visitation rights have to be taken into consideration. A divorce is even more daunting when children are involved, and it complicates matters of splitting the assets and organizing any disputes about alimony. Unlike the division of the property, which will only concern the spouses, the couple will have to continue working together on the best interests of their children after the dissolution of the marriage.

All modifications of the custody schedules and calculation of child support can be made at any time, and not all changes need court approval. For these reasons, custody and caring time arbitration will be required, so do NOT hesitate to contact your foremost and reliable child custody lawyer in your South County neighborhood in any divorce, custody, and care time.

Understanding Alimony & Spousal Support in Taunton

Alimony, often a contentious issue in divorces, requires careful consideration of both spouses' financial circumstances. In Massachusetts, the law aims to ensure that neither party is unfairly disadvantaged by the divorce. Our Taunton divorce lawyers are well-versed in local alimony statutes and can help you understand how these laws apply to your situation, whether you're negotiating terms amicably or facing litigation.

We assist in calculating fair spousal support by taking into account factors such as length of the marriage, the standard of living established during the marriage, and each spouse’s earning potential. Our thorough approach ensures that agreements are equitable and sustainable, setting a precedent for financial independence in post-divorce life. For those experiencing significant life changes post-divorce, we guide clients through the modification process, ensuring support agreements remain fair and relevant.

Guidance on Custody Battles in Taunton

Child custody arrangements can be one of the most emotionally draining aspects of a divorce. At Law Offices of Rachel M. Matos, we prioritize the needs and well-being of your children, helping to navigate custody negotiations with sensitivity and objectivity. Our divorce attorneys work diligently to develop custodial agreements that reflect the best interests of the children, focusing on stability and the opportunity for positive developmental outcomes.

Understanding that no two families are the same, we tailor our legal strategies to the unique dynamics of each case. Whether it involves negotiating joint custody, setting visitation schedules, or advocating for parental rights in a court setting, our team is committed to constructing solutions that promote a healthy and nurturing environment for your children. We also offer post-divorce support, assisting with modifications to custody arrangements as circumstances evolve.

Divorce FAQs

How Long Does the Divorce Process Take in Taunton?

The duration of the divorce process can vary widely depending on several factors, including whether the divorce is contested and the complexity of the issues involved. In Massachusetts, the timeline for an uncontested divorce is generally shorter, often finalizing within a few months once the paperwork is correctly filed. However, a contested divorce can extend over a year or more due to extensive negotiations and court scheduling. It's essential to have a clear understanding of the potential timeline, which our Taunton divorce attorneys can provide based on your specific situation.

What Are the Grounds for Divorce in Massachusetts?

Massachusetts allows for both no-fault and fault-based divorces. The most common ground for no-fault divorce is an “irretrievable breakdown of the marriage.” Fault-based grounds include adultery, cruel and abusive treatment, desertion, and substance abuse. Discussing these grounds with a qualified divorce attorney can help you decide on the best course of action for your particular case, as the reason for divorce can sometimes impact alimony and custody discussions.

How Is Property Divided?

Massachusetts follows an equitable distribution model for dividing marital property, which doesn’t necessarily mean equal but rather what is fair. Factors influencing property division include the length of the marriage, the conduct of the parties during the marriage, age, health, income, and contributions to the marital estate. Our Taunton divorce lawyers help ensure an equitable division by closely examining financial histories and advocating for a just settlement.

Can I Modify Spousal or Child Support Arrangements?

Yes, support arrangements can be modified if there is a significant change in circumstances, such as a job loss or a substantial increase in a recipient's income. Our legal team is adept at filing and responding to these requests, ensuring modifications are handled efficiently and fairly. Understanding local court procedures and requirements is crucial, so it’s advisable to consult with an attorney when seeking a modification to ensure all documentation and legal standards are met.

Do I Need a Lawyer for Mediation?

While mediation is often seen as a more amicable route, having a lawyer to guide you through the process can help protect your interests. Divorce lawyers provide critical insights, ensuring that all agreements reached during mediation are fair and viable. They bring an understanding of the law and mediation tactics to the table, ensuring you are well-prepared and that all details are properly documented and enforceable, should legal proceedings later arise.

To schedule a consultation, call (508) 206-9334 or submit an online contact form. Our Taunton divorce lawyers look forward to assisting you!