Divorce

No one goes into a marriage expecting it to end. When it does, you have to grieve the loss of what you expected your life to look like and build the foundation for something different. Getting through a divorce isn’t easy – but you don’t have to do it alone.

At Ouellette Family Law, family law is our focus. Based on our decades of experience in courts throughout the commonwealth, we understand what you are facing when you are divorcing in Massachusetts. We offer both personal service and the effective advocacy you need to get through your divorce successfully and start the next chapter of your life. To get the help you need, contact Ouellette Family Law to schedule a consultation.

Divorce in Massachusetts

In Massachusetts, a divorce can be granted on fault-based grounds, such as adultery, desertion, or cruel and abusive behavior. However, most people choose to file for divorce on no-fault grounds—in other words, because their marriage has simply broken down and cannot be fixed.

If you and your spouse agree on all the terms of your divorce, you can both file a joint petition along with an agreement which lays out the terms of your divorce. However, if you disagree about some aspects of your divorce, the divorce is considered to be “contested.” That doesn’t necessarily mean you will need a trial to resolve your case. Most divorcing couples are able to negotiate a settlement during the divorce process with the help of their lawyers. In the event that your divorce must go to trial, Attorney Linda Ouellette is a seasoned trial attorney with years of courtroom experience.

Some of the issues you will need to resolve in your divorce include:

Asset Division

In Massachusetts, all assets owned by either party are considered marital assets, regardless of when they were acquired or whose name they are in. Under Massachusetts law, assets are not necessarily divided equally in a divorce. Rather, marital assets are to be divided “equitably” – meaning fairly, even if not exactly equal.

There are many factors that determine what makes a division equitable, including the length of the marriage, the age, health and occupation of the parties, the couple’s standard of living during the marriage, the conduct of the parties and their respective contributions to the marriage—both financial and non-financial, such as homemaking and taking care of children.

Child Custody

In a divorce involving children, there are two types of custody that must be determined: physical custody (with whom do the children live) and legal custody (who makes the major decisions for the children). Joint legal custody is the norm, except when circumstances make it impossible for the parents to make decisions jointly, such as where there has been physical violence during the marriage or when the parties are unable to communicate.

Parties are encouraged to work out parenting plans that make sense for themselves and the children, given numerous factors such as where the parties live, where the children go to school, and the schedules of the parties and the children. If the parents cannot reach an agreement, the court will determine what custody arrangements are in the children’s best interests. Judges consider a variety of factors in deciding custody, such as the children’s needs, how caretaking responsibilities were divided during the marriage, and the availability of each party to care for the children. The preference of older children is also given some weight.

Child Support

Parents are responsible for providing financial support for their children. Massachusetts—like all other states —has Child Support Guidelines which are used to determine child support and, which take into account the parents’ incomes, childcare costs, health insurance costs, and the parenting schedule which the parties will be following. The Guidelines are reviewed every three years.

How Ouellette Family Law Can Help

Linda Ouellette has been a respected family law attorney in Massachusetts for nearly 40 years. She understands what your divorce means to you not only from a legal perspective but also a personal one. After years as a partner in larger firms in the greater Boston area, she established Ouellette Family Law to make sure that her clients receive the representation, advice, and support they need to navigate the divorce process and move forward with their lives.

Linda believes that a negotiated settlement is preferable to a trial in most cases. After all, no one knows your family better than you do. With the advice of your attorney, you are better equipped to write the ending to your marriage than someone with a black robe who knows very little about you and your children. However, Linda also knows that the best leverage in a negotiation is the willingness to litigate if you can’t reach favorable terms. While the vast majority of Massachusetts divorce cases do settle, some must be resolved in a courtroom, including some high-conflict or high net worth divorces.

Unlike many family law attorneys, Linda has years of courtroom experience. Her meticulous preparation of every case positions her to negotiate the most favorable settlement possible. While she prefers to help clients reach settlement, she will never hesitate to take your case to trial if that is in your best interest.