Divorce – Family Law

The decision to end a marriage is one that should be carefully considered.  There is an old adage that the only thing worse than a divorce is a bad marriage.  When it is determined that an irretrievable breakdown has occurred, obtaining legal advice is important to protect your interests. 

A divorce can be non-contested with the parties submitting an agreed upon separation agreement for approval by the court.  Divorces can also be contested which means the parties cannot agree to significant issues related to the division of the assets as well as custody of any minor children.  With either a non-contested or contested divorce it is important to have an attorney involved to protect your interest.  

 Attorney Boerger’s broad range of experience in several different areas of the law provide him with the experience needed to help guide individuals through a divorce.  Because many couples own a home, which is normally the primary asset of the marriage, his background in real estate law will help deal with any issues related to the ultimate disposition of that home.  Similarly, his work as a general business lawyer will be valuable if either party is the owner of a business.  Furthermore, his work in the estate planning area will help with the identification of issues that could have a significant impact on your post-divorce life. 

Anyone who is considering a divorce will have many questions about the divorce process as well as how the assets of the parties will be divided.  There is no set formula and it is impossible to determine with certainty how the Probate Court Judge will divide the marital assets.  However, it is usually helpful to be aware of the factors which the law dictates are considered in making a determination regarding the division of assets.  The factors which a court must consider are as follows: 

• Length of the marriage;
• the Parties’ conduct during the marriage;
• the parties’ ages;
• the parties’ health;
• the parties’ station;
• the parties’ occupation;
• the amount and source of the parties’ incomes;
• the parties’ vocational skills;
• the parties’ employability;
• the parties’ respective estates;
• the parties’ liabilities and needs;
• the opportunity of each party for future acquisitions of capital assets and income; and

• the present and future needs of the dependent children of the marriage. 
  

 

The Probate Court Judge also can consider the following discretionary factors:

 

• each party’s contribution in the acquisition, preservation or appreciation in value of their respective estates; and
• each party’s contribution as homemaker to the family unity. 

Child Support -- if there are children from the marriage it is very likely that one of the parties will be required to pay child support.  There are guidelines that the Probate Court Judge will use in establishing child support but these are only guidelines.  You can review the child support guidelines to get an idea of the possible alimony by going to the following Department of Revenue Website.  Massachusetts Child Support Guidelines

 

If you are considering a divorce or believe that your spouse is considering filing an action for divorce Attorney Boerger will provide and initial no cost 30 minute meeting to discuss your concerns.  Please call 781-585-2900 or e-mail Attorney Boerger (George@BoergerLaw.com)  to schedule an appointment. 

161 Summer Street, Suite 4

Kingston, MA 02364

Phone: 781-585-2900  Telecopier 781-585-2915

E-Mail:  George@BoergerLaw.com

In accordance with the Supreme Judicial Court of Massachusetts, this website must be labeled as advertising.  Material presented on the website for the Law office of George H. Boerger is intended for informational purposes only.  It is not intended as professional advice and should not be construed as such.  If you need legal advice you should consult with an attorney.   

© George H. Boerger, Esq.