Family Law

Massachusetts Divorce and Family Law

Massachusetts divorce, separation, child support and division of assets can be the most traumatic and emotional experience of your life. The issues are complex and can be difficult and may seem unfair. Decisions made in the Probate Court can permanently affect your entire life. The best thing that you can do is to have an attorney to guide you through the process. The right attorney can provide guidance and answers in this difficult time.

Attorney John F. Madaio is an experienced Massachusetts divorce attorney who will be with you and provide sound legal advice to protect you and your interests. Below is a list of common questions that many clients have when they come to see us.

1. How long does the divorce process take in Massachusetts?

The process can take as short as four or five months or can take as long as one year or more. It depends on the circumstances that are changing all the time during the proceedings. Factors that can affect the length of time are the length of marriage, number of children, shared financial obligations and how reasonable the parties are willing to be.

2. I am the father of young children; will my wife automatically get the children?

Although there has historically been a tendency by the probate court to grant custody of minor children to the mother, that tendency has begun to change. The rule has always been a question of what is in the “best interests” of the child(ren). Hiring the right attorney can insure that you get a fair opportunity to present your case and demonstrate that custody with you is in the child’s best interest.

3. Do we have to sell the house and force the children to change schools?

Not always. There are options. We can help you explore all those options to give you choices as to what’s in your best interests both financially and personally.

4. What happens if my husband/boyfriend or wife/girlfriend does not pay the child support as ordered by the court?

A non-conforming spouse can face many serious and unpleasant consequences if he/she is found to be shirking his/her financial responsibilities to pay a child support order. A Complaint for Contempt will usually be filed to force compliance, which could result in the non-paying spouse having to pay the attorney’s fees to the moving party, and in the most serious cases the non-paying spouse could be incarcerated.

5. Do we each have to have our own divorce lawyer?

The Massachusetts law does allow for parties in a divorce to use one lawyer (1A Divorce), however, you should know that the lawyer only represents the interests of one party. The lawyer can help prepare the documents and present them to the court but he only has one client's interest at heart. It’s always better to have your own divorce attorney to look after your interest.