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Family Law - Boston, Massachusetts
Attorney Karen Buckley will stay with you and guide you through these times of highly charged emotion, to arrive at fair and equitable resolutions in the best interests of you and your family.
Divorce
Divorce is the legal termination of a marriage, in which division of property, alimony, child support, child custody, and parenting plans are resolved. Resolution can occur in one of several ways:
Litigation: Where the court resolves the issues.
Generally both parties are represented by
attorneys. The process is dictated by statute,
case law and court rules.
Mediation: Where the parties
jointly engage a neutral third-party mediator
who works with the parties to reach an agreement.
It is recommended that each party engage
their own attorney to advise them and to
review any agreement before signing and
present the agreement to a court for approval.
Collaborative Law: Where
the parties each engage a collaborative
law attorney trained to work with them to
reach an agreement on the issues raised.
There is no court intervention until an
agreement is reached. Then the parties go
to court to have the agreement approved
by the court.
Custody / Visitation
The parenting plan or custody plan is determined
by the needs, habits and situations of each
individual family, and will change over time.
The best interest of the child is the standard.
As children grow, needs may change, and the
lives of the parents may change as well, so
modification will be required to reflect the
family's new circumstances.
Post-Divorce Modification
Changes in location or financial circumstances
may require post-agreement modification to
divorce judgments. A complaint for modification
is a legal request for a change in financial
obligations or parenting plans as is appropriate
in light of the change in circumstances.
Enforcement of Judgments
When one party in a judgment does not comply
with an order or judgment, action may need
to be taken by the court to compel compliance.
A complaint for contempt is filed with the
court if other methods are unsuccessful in
encouraging compliance.
Prenuptial Agreements
A couple may find it appropriate to negotiate
an agreement prior to marriage that sets forth
provisions for how property will be divided
and other matters to be resolved in the event
there is a divorce in the future. There must
be full financial disclosure, and each party
should have their own attorney review the
agreement prior to its execution.
Paternity
When there is a child born out of wedlock,
the father may seek to establish paternity
to proclaim his legal right to have a relationship
with the child. The mother may seek to establish
paternity to gain support for the child.
Support
The forms of support are alimony (support
of the spouse) or child (support of the child),
as well as maintenance of health insurance
and uncovered medical expenses.
Domestic Violence
Statute 209A provides for a restraining order
to prevent a perpetrator from further abuse
or causing a threat to the person seeking
the order. The restraining order is used to
remove the offender from the home, possibly
without notice to him or her. Violation of
the 209A Domestic Violence order is a criminal
offense.
For competence and compassion, contact Boston Family Law Attorney Karen Buckley.
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