Marlborough Family Attorney
Put Award-Winning Legal Counsel on Your Side
You want to put your family first, and so do we. At Ayvazian Law, we make our clients’ goals our first priority. Whether you need to file for divorce, manage your case, or pursue other legal action, our firm is prepared to protect your interests from start to finish.
Call our Marlborough family lawyer at (508) 315-6244 to learn how we can help you.
If you are filing for divorce in Massachusetts, you may file for a fault-based or no-fault divorce. This means that you can either take your case to court based on fault grounds or pursue a divorce due to irreconcilable differences.
During a divorce, your assets are subject to equitable distribution, meaning the judge will divide marital property as fairly as possible. Keep in mind that “fairness” and “equality” are different in this case, so your assets will be divided based on a series of factors that determine what you need to maintain a standard of living.
These factors include:
- The duration of the marriage
- The age, health, and mental health of both spouses
- Each spouse’s income, education, and earning capacity
- Conduct during the marriage
- The alimony award (if any)
- Each spouse’s financial needs
- Each spouse’s liabilities and assets
In general, the judge will divide assets more or less equally, except when conduct during the marriage financially impacted the family. For example, if one spouse spends money from the joint bank account on gifts for their extramarital partner, the judge is not likely to award them the greater share of assets.
In other situations, debt plays a significant role in property division. For example, many spouses carry student loan debt into their marriage. If one spouse has a significantly higher amount of student loan debt, the judge may award them more assets to offset their debts.
The result of equitable distribution can also affect child support and alimony. If one spouse is the custodial parent, meaning the child lives with them, the court will most likely order an amount of child support that helps them take care of the child and maintain a standard of living. Additionally, if one spouse needs to pursue further education or training to get a job to support themselves, the judge will award an alimony amount that fills in the gaps.
Changing a Custody Order in Massachusetts
As your life changes and your children get older, you may need to modify an existing child custody order. If you and/or the other parent are dissatisfied with the custody order, you can seek a modification.
The court will modify court orders that meet the following conditions:
- There is a significant change in the circumstances of either party
- Modification is in the child’s best interest
Life happens, and it is normal to need to adjust as circumstances change. Divorced parents may be able to modify the terms of their custody and/or support agreements to reflect changing circumstances over time.
Significant changes in circumstance may include:
- One parent relocates out of state
- One parent violates the custodial rights of the other
- The current custody arrangement interferes with the child’s education or activities
- The home environment is harmful to the child
- One parent is no longer able to care for the child due to an alcohol or drug addiction
If you need to modify a custody order, file in the county where you and the other parent live. In cases where parents live in different counties or states, the petition should be filed in the county and state where the judge issued the original order. Always consult a qualified attorney before petitioning the court for a child custody modification.
A Helping Hand
Regardless of your family’s needs, our firm can provide guidance through this challenging time in your life. We have helped many clients pursue legal action and build a better future for their families. Ayvazian Law offers a host of legal services to meet your unique needs, and we work with you to evaluate the details of your case to determine a personalized strategy.
Don’t wait! Schedule a consultation with our Marlborough family attorney today.
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