No matter the circumstances, it can be emotionally challenging to process the decision of divorcing your spouse. Life may never be the same again, especially if you have minor kids and close family relationships. However, at this critical juncture, you cannot let your heart rule your mind. You need to focus on finances and find effective ways to protect your relationships. It would help if you had a Boston divorce lawyer who can be your representative & advocate throughout the process. Having an experienced family law attorney is beneficial in most situations, but below are some complications when you certainly need assistance.
Custody & visitation rights
The relationship between you and your spouse shouldn’t affect the equation you share with your kids. However, separating parents often end up in fierce legal battles for child custody. You have the right to see your child and even seek physical custody of your children. There is also a second type of custody, known as legal custody, where the child can stay with one parent, but the other has the necessary parental rights to make critical decisions. If you get legal custody of your minor kid, you will have a say in matters like education, religion, and health care. You need an attorney to figure out the best way to protect your love for your child without compromising your interests.
Alimony or spousal support
If you have never worked throughout the marriage and depended on your spouse, you could ask for spousal support, also known as alimony. In Massachusetts, there are four types of alimony. The first one is the general term alimony, which is available to a spouse who needs financial support. The second is “rehabilitative” alimony, which is provided to a spouse for a limited time until they can financially support themselves.
The third one is called “reimbursement” alimony, which is given by one spouse to another payor spouse for their contribution. There is also the fourth type, called “transitional” alimony, which is provided to a spouse who is likely to go through significant lifestyle changes because of the divorce. Whether or not you will get alimony depends on several factors, but if you need support, talk to an attorney.
Provided division
According to the laws in Massachusetts, you are entitled to get a fair share of marital assets, as the state follows the equitable property division standard. However, in most situations, couples end up fighting over this aspect, and property division often continues to be a battle. If you and your spouse have accumulated significant wealth, the situation will likely be complex. High net worth divorces require an attorney, as you don’t want to be in that position where your spouse has legal help, but you lack it.
Military divorce
While there are evident similarities between civilian and military divorces, there are some stark differences, too. There could be assets that must be discussed, especially with regard to residency, the division of military benefits, and military deployment. You need a divorce attorney to ensure everything is fair and justified. The same is also true for same-sex divorces. Massachusetts was the first to reach marriage equality in the US. The laws are equalized, but there are practice-based differences.
Don’t let the stress of your divorce impact your ability to make informed decisions. Let an attorney guide you through the process, and even if you don’t understand the complex laws or need help with the complicated paperwork, they will be there for you. Your attorney will also represent you during negotiations and in court if the matter goes to trial. Find a local lawyer based in Boston and meet them soon!
