Call 978 998-4613 or e-mail edgreene@edgreenelaw.com for assistance with your legal needs.
Family law can be an emotionally challenging process for all involved and the Law Office of Edmund A. Greene is uniquely qualified to handle any Family Law matter with integrity, honesty and the empathy you deserve. Whether your concern is a contentious Divorce, a Joint Petition, Child Custody, Support, Alimony, Paternity Rights, Restraining Orders, D.O.R. - Attorney Greene has represented clients in Essex, Middlesex, Norfolk, Plymouth, and Franklin Probate & Family Law to deliver experienced legal representation.
Attorney Greene handles even the most contentious Divorces (and opposing counsel) with integrity and the direct no non-sense full legal representation you and your family require. Family Law can even present emotional challenges to the most seasoned attorney. Attorney Greene's representation is uncompromising in his ethical approach to advocating your position without accepting anything less from the opposing counsel.
Family Law's proclivity toward contention does not dictate that it is inevitable that respect, ethics and your legal position is compromised. Attorney Greene has built a reputation with his clients and the Probate & Family Courts as knowing the law with an uncompromising dedication to fervently advocating his clients' position.
Attorney Greene will always begin representation with the belief that, while emotional, Family Law matters can be settled with dignity and respect.
What to Expect
Whether it is a contested or uncontested Divorce - most parties understandably are anxious about the "process." Even upon filing all the requisite paperwork, a Divorce cannot become final (Judgment Decree) until 90 days after the filing. The interim period is called the Judgment Nisi.
Uncontested Divorce
(Joint Petition M.G.L. c. 208 sec. 1A)
Approximately 6 months (including the 90 day waiting period) and anywhere from $500 to $5,000 depending upon the complexity of the Separation Agreement.
Contested Divorce
(M.G.L. c. 208 sec. 1B)
The Court anticipates at least 14 months and the cost is going to be at least $3,000 up to the sky - depending upon the parties.
Separation Agreement
This is the Agreement wherein the parties divide assets (depends upon length of marriage), Child Custody, a Parenting Plan and Alimony. It is the backbone of the Divorce and "governs" how the parties are to act and their rights going forward after the divorce. Click here for Child Support Guidelines
Custody
Defines the relationship of the children to the parents. The "custodial parent" is where the child resides. The "Tender Years Doctrine" is no longer valid law and therefore, there is no presumption that the Mother gets physical custody of the children.
Alimony
Payment of "maintenance" or support from one spouse to another based on a list of factors including if one spouse gave up time for the other to pursue and advance a career. Usually confined to long term marriage (typically 10 years+).
Complaint to Modification
(Child Support, Custody, Visitation, etc.)
A Complaint for Modification is required after a Final Divorce Decree and is akin to a "new lawsuit" subject to proper service, discovery, and a trial on the merits. Complaints are absolutely required for any changes to a Divorce Decree.
The Process
Divorce is about filing paperwork
- Filing of a Complaint - either Joint or Contested (Massachusetts is a "No-Fault" state).
- Affidavit of Irretrievable Breakdown of the Marriage
- Separation Agreement.
- Financial Statements.
- Certified or Original Copy of Marriage License.
- Completed Parenting Course Pamphlets - if children involved
- Filing fee of $215.00.
- Court Form 408
- Affidavit regarding children.
- Trial Request form.
Articles (pdf)
Amid layoffs, child support pacts fraying
Fighting Over Child Support After the Pink Slip Arrives
Memorandum In Support Of Request For Child Support Adjustment
Massachusetts Child Support Guidelines