BOSTON FAMILY LAW/DIVORCE LAWYER

Family Law encompasses many aspects of a family’s future, and a well-seasoned and practiced attorney will investigate thoroughly these items with you in preparing your case for agreement or litigation. It is useful and most productive if you bring three years of tax returns to your consultation meeting, along with a list of other assets, including real and retirement.

  • Pre-nuptial/Post-nuptial Agreements The agreement highlights the property of each party prior to a marriage, the distribution of assets accrued during the marriage and award of alimony, if any, under named conditions.
  • Paternity A mother has sole legal custody of a child born out of wedlock in the Commonwealth of Massachusetts until the parties go to Court and there is an order otherwise.
  • Contempt If a party does not adhere to the agreement or judgement, the court may find the disobeying party in contempt and enforce the order.
  • Custody and Parenting Plans Attorney Carpenter will assist you in making your petition for legal, shared, or sole, and sole or shared physical custody and appropriate parenting plans. Such determination may be made with the assistance of a Guardian ad Litem and/or ARC attorneys appointed for the children.
  • Property Division At the end of a divorce, all property is divested equitably in Massachusetts, which doesn’t mean equally. Experts may be needed to determine the value of real property, businesses, retirement, and other property of the marriage.
  • Child Support is calculated in Massachusetts using standard child support guidelines based on the income of the parents, costs of medical insurance and child care expenses. Massachusetts Department of Revenue enforces child support if you wish to use their services.
  • Grandparents Rights Massachusetts Grandparents visitation rights are strictly limited to those who have been previously involved in the health, safety and welfare of the child.
  • Alimony is support given to one party. It may be temporary, or long term, as defined by the Judge or now modified, according to the Alimony and Reform Act of 2012. Alimony, like Child Support, is formula based. Experts such as forensic accountants can be used to determine an individual’s income stream.
  • Restraining Orders Restraining Orders can be issued by the Probate and Family Court or by the District Court in cases where there is domestic violence and abuse. Discuss with Attorney Carpenter if you think you need a temporary restraining order before obtaining one, or a permanent restraining order at the conclusions of your case.
  • Modifications are filed when there is a substantial change of circumstance in terms of custody, child support and/or parenting plans and are allotted for in the Divorce Agreement/Judgment. Property Division is never modifiable.
  • Department of Children and Families are often involved where abuse has occurred, Juvenile Court may also be involved.
  • Adoption can happen for any number of reasons and is generally the only happy process in the Probate and Family Courts.
  • Guardian ad Litem (GAL) are appointed to investigate case matters for the Judge.
  • Contested vs Uncontested Divorce Divorces can be agreed upon or contested.
  • Name Changes