Brockton Lawyer Helps Divorcing Spouses Overcome Obstacles
Skilled representation for property and custody disputes
Ending a marriage affects you in so many ways that it can be easy to overlook how many legal details must be resolved. At the Brockton Law Offices of Robert J. Berks, I make sure that the rights of divorcing spouses are protected so that they and their children can successfully move on with their lives. In more than 30 years of practice, I have handled numerous amicable divorces as well as many breakups marked by bitter conflict. For any type of split, I provide skilled advocacy in the forum and manner that works best for you and remain focused on attaining the best possible result. While I can often resolve issues without the time and expense of litigation, I am prepared to fight for your rights in court when needed. For clients in Plymouth, Norfolk and Bristol counties, I have the knowledge and experience to help them start a new chapter of their lives as easily as possible.
Detailed advice on Massachusetts divorce laws
Choosing to dissolve a marriage prompts many questions. Each matter is unique, but I often respond to client concerns about:
- Divorce requirements — Massachusetts allows spouses to file for divorce on a no-fault basis or by alleging grounds such as adultery or cruel treatment. In a no-fault divorce, one of the parties alleges that the marriage has broken down irretrievably. A “1A” divorce means that a written agreement has been reached on terms including custody, property division and support. Alternatively, a “1B” divorce indicates that disputes still exist.
- Property division — If a Property Settlement Agreement cannot be reached, the court will issue an order dividing marital property in what the judge believes is an equitable manner. This does not always mean an even split, however. Judges often consider factors such as the ages of the parties, duration of the union, and earning ability of each spouse in their determination.
- Spousal support — Courts have the discretion to decide whether spousal support, often referred to as alimony, is awarded to one spouse. These decisions often hinge on the couple’s lifestyle, assets, ages, health and whether one party stayed home to take care of the household while the other increased their individual earning capacity.
For these issues and all others, I provide thorough advice and diligent advocacy. If you’re just considering divorce or beginning the process, I can help clarify your situation in a free half-hour consultation at my Brockton office.
Professional assistance for child support and custody conflicts
Massachusetts courts, like the courts of all states, set child support terms based on their conception of what is in the child’s best interests. Even when other issues can’t be resolved, it is always worthwhile for divorcing parents to arrive at a custody and visitation arrangement by consensus. This can address both decision-making authority (legal custody) and residence (physical custody). Unless some threat exists with one parent, judges will usually issue an order that enables both parents to maintain close relationships with their children. If one parent is granted physical custody, I can help draft a clear visitation agreement to address situations like access, holidays and transportation between parental homes. State law has established a formula to set the child support required of a noncustodial parent. Though this might seem like a simple calculation, I can help ensure that correct information is used and that your co-parent is not intentionally earning less to avoid their obligation.
Contact a Massachusetts family law attorney for a free half-hour consultation
The Law Offices of Robert J. Berks assists clients with family law, injury and estate planning matters. I offer a free half-hour consultation at my Brockton office. Please call 774-360-8893 or contact me online to schedule a meeting.