Massachusetts Family Law Attorney
Committed to providing aggressive, yet compassionate, representation to clients.
Divorce & Family Law
At Cirillo and Roberts, we handle a wide range of family law matters, including divorce, separation, paternity, child custody and visitation, child support collection and enforcement, and modification of existing orders.
Attorney Roberts is committed to providing aggressive, yet compassionate, representation to her clients, as she is sensitive to the emotional issues affecting them when a divorce is pending or children are involved. She believes in delivering high quality and professional legal advice and does so in a dignified and cost-effective manner. Attorney Roberts is also dedicated to maintaining consistent and regular communications with her clients in order to keep them involved and informed during the legal process.
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Frequently Asked Questions in Divorce and Family Law
Can I get divorced in Massachusetts?
In order to be eligible to get divorced in Massachusetts, either the breakdown of the marriage must have occurred in Massachusetts and one spouse stills resides in Massachusetts or the filing spouse resided in Massachusetts for one year prior to filing for divorce.
Can I get a divorce if my spouse doesn't want it?
Yes, your spouse cannot prevent you from obtaining a divorce. Unfortunately, the divorce process may be longer and may be more expensive if your spouse is uncooperative.
How much does a typical divorce cost?
Every case is different and has unique factors that must be considered. The costs are based on a per hour charge, which is specific to each attorney. During our initial consultation, we will provide a reasonable estimate of the cost and fees associated with your case, and will request an initial retainer. Please note that no attorney can guarantee what the total legal fees and costs will be in a case.
What is a "retainer" and how much of a retainer is required?
A “retainer” is an initial payment made by the client to the attorney at the time the client hires the attorney. The retainer is held in an account separate from the attorney’s own bank account. The attorney will bill the client for the work done on the client’s case at an hourly or flate rate. When a bill is sent to the client, the money is then withdrawn from the retainer to pay for the legal fees and costs incurred.
The size of retainers required by our firm varies, as it depends on the level of complexity of each case. After our initial consultation, we will have a better understanding of your case and the size of the retainer needed to retain our services.
What is meant by "grounds for divorce"?
A “ground” for divorce is a “reason” for divorce, which is sometimes referred to as a fault divorce. Although a divorce may be granted on different grounds, fault divorces are rare. The most usual fault grounds are cruel and abusive treatment and adultery.
What is the difference between an "uncontested" and "contested" divorce.
Those words means more about the divorce process, and less about how the parties are interacting. A divorce case becomes contested as soon as the complaint for divorce is filed in court. This doesnt mean that the process will be contentious, difficult, or ever go to trial. The contested divorce will likely end in the same fashion as the uncontested divorce: with the parties filing a Separation Agreement. This is the contract which is addresses and settles all the issues in teh Divorce.
If both parties reach an agreement on all issues do they need an attorney?
Even if both parties have an uncontested divorce and reach agreement on all issues, it is still recommended that each party hire an attorney to review any and all documents or draft the separation agreement to ensure that your rights and interests are fully protected and the agreement is fair and reasonable. It is also important to keep in mind that ultimately your agreement will be entered in Court and the Judge must then determine whether the agreement is valid and enforceable.
What is Legal Custody of children as opposed to Physical Custody?
Legal custody is the legal authority to make major decisions concerning the child(ren), including but not limited to education, health, religious upbringing and the child(ren)’s general welfare. Physical custody refers to where the child primarily lives. These custody arrangements can be sole or shared.
Can custody arrangements, child support or visitation ever be changed after the divorce?
Yes, child related issues, such as custody arrangements, child support and/or parenting plan is subject to modification where there has been a “material change in circumstances”. The party seeking any changes to the existing Divorce Judgment must file a Complaint for Modification.
Who has to pay child support and how is it amount calculated?
Both parents have a responsibility to support their children. Massachusetts has guidelines for determining the amount of support that should be provided for the child(ren). The guidelines are based on a calculation using the parents gross income and certain expenses.
Is child support taxable?
No, it is neither taxable to the receiving parent (custodial parent) nor deductible to the paying parent (non-custodial parent).
Who is entitled to receive alimony?
“Alimony” is money paid by one spouse to the other and is sometimes referred to as “spousal support.” Alimony may be awarded to either spouse for their support and is based on two factors: (1) the need of one of the spouses to receive spousal support; and (2) the ability of the other to pay it.
What does the court consider in deciding the division of the marital assets?
The following factors are taken into consideration by the Court in dividing the marital assets:
- Length of Marriage;
- Conduct of the Parties during Marriage;
- Age of the Parties;
- Health of the Parties;
- Station of the Parties;
- Occupation of the Parties;
- Amount of Income of the Parties;
- Sources of Income of the Parties;
- Vocational Skills of the Parties;
- Employability of the Parties;
- Estate of the Parties;
- Liabilities of the Parties;
- Needs of the Parties;
- Opportunity of the Parties to acquire Future Capital Assets and Income;
- Contribution of the Parties in the Acquisition, Preservation and Appreciation in Value of their Estate;
- Contribution of the Parties as a Homemaker to the Family Unit; and
- Present and future needs of the dependant Children.
Can you represent both me and my spouse?
No, an attorney cannot represent both parties in a divorce proceeding because of the conflict of interest between the divorcing couple. If you and your spouse maintain a cordial relationship and have or want to reach an agreement on all aspects of your divorce, you may want to consider Divorce Mediation and our office offers this service. Sometimes we are hired to work with one party to provide legal advice and draft all the necessary documents. We work directly with the other party to settle the matter entirely. When the documents are complete, the other party, will consult with their lawyer to confirm the agreement is fair and reasonable. A consultation is the first step necessary to determine what process of divorce would be best for you and your spouse.
Let’s Work Together
(978) 537-9525
142 Main Street Leominster, MA 01453
Business Email: info@cirilloroberts.com
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