If you are facing the possibility of divorce, child custody or support disputes, the division of marital assets or are in need of representation for a modification, Attorney Maggiacomo can provide the guidance and support a client needs to see them through what is always a difficult period. Attorney Maggiacomo will listen to you, answer your questions, and give you clear and concise advice as to what your options are. Attorney Maggiacomo will advise you on how to best proceed, and will zealously advocate for your rights.
In Massachusetts, a divorce is either uncontested or contested. Where a client falls within one of these two categories depends on the extent to which the parties can agree on the issues.
Uncontested
When a couple is able to agree on how the division of property, child custody and child support should be resolved, then the relevant paperwork is filed for an uncontested divorce. For couples who intend to proceed with an uncontested divorce, Attorney Maggiacomo offers legal counsel regarding a proposed resolution. This includes drafting all the required pleadings including, but not limited to a Joint Petition for Divorce, an Affidavit of Irretrievable Breakdown, a financial statement for both parties and a final settlement agreement.
Contested
When a couple is not able to agree on how the division of property, child custody and child support should be resolved, then one party files against the other. Under such circumstances, a complaint for divorce is filed and served on the opposing party. Once the Sheriff returns the certificate of service, temporary orders may be obtained from the court for issues such as spousal support, child support and custody, visitation schedules, continued payment of marital debt and prohibiting the dissipating of marital.
Attorney Maggiacomo represent clients throughout all stages of divorce actions. This includes the drafting and filing of: (1) an initial divorce action; (2) motions for temporary orders; (3) discovery requests; (4) pre-trial memorandums, as well as attending all hearings including motion hearings, pre-trial conferences and, if necessary, a trial.
Property Division
Property division includes dividing up the assets, debts, and belongings of the couple from the marriage. This can range homes, vehicles, and bank accounts to complex investments, business interests, and retirement plans.
Child Custody
When parents are not able to agree on how to raise their children, the Court is forced to decide who will make decisions for the children (legal custody) and where the children will live throughout the year (physical custody). The Court ultimately decides what is in the child’s best interests and develops a comprehensive detailed parenting plan.
There are four forms of child custody with which you should be familiar:
Sole Legal Custody: one parent will have the right and responsibility to make major decisions regarding the child’s welfare such as where the child goes to school and what sort of medical care the child should receive.
Shared Legal Custody: continued mutual decisions by both parents in decisions regarding the welfare of a child.
Sole Physical Custody: a child will reside with and be under the supervision of one parent.
Shared Physical Custody: a child will reside with and be under the supervision of each parent for certain periods of time.
Child Support
A child in Massachusetts is entitled to support from both parents until such time that the child becomes emancipated pursuant to statutory law. To accomplish this, the Commonwealth has enacted child support guidelines which set forth a presumptive amount of child support each parent should pay. The guidelines take into account the number of children, who the children live with, how much each parent earns, and how much each parent already pays to support the children.