Smith Lee Nebenzahl Divorce and Family Law
Our family law and divorce lawyers will provide responsive, effective, and empathetic representation in divorce and family law matters. Our family law and divorce lawyers have experience with contested and uncontested divorce, prenuptial agreements and postnuptial agreements, separation agreements, alimony, asset division, inherited assets and premarital assets, bonuses and stock options, child custody and child support, parenting plans, modification and contempt, and appeals. Our family law and divorce lawyers offer counseling and advocacy in divorce and other family law proceedings, and tailor our strategy according to your individual needs and goals.
Divorce
Asset Division
Prenuptial Agreements
Alimony
Custody and Parenting Plans
Modification and Contempt
Divorce and Family Law Resources
Divorce in Massachusetts can be "fault" or "no-fault." No-fault divorce is the most common method of obtaining a divorce in Massachusetts and can be filed either by one party in a contested petition, or jointly by an uncontested petition. Our divorce lawyers can help you navigate and decide which type of divorce is most suitable for you.
Prenuptial Agreements and Postnuptial Agreements
A prenuptial agreement or a postnuptial agreement can be essential to protect premarital assets or inherited assets, and to protect children from a previous marriage. In Massachusetts, a prenuptial agreement will be enforced if it is equitable. Our divorce lawyers can help you draft and negotiate an effective prenuptial agreement or evaluate an existing prenuptial agreement.
Division of Assets
In Massachusetts, the Probate Court divides marital assets based on equitable considerations, including: (i) length of marriage; (ii) the conduct and contribution of the parties during marriage; (iii) the parties’ relative education, needs and ability for future earnings and acquisition of assets. Division of assets can be complicated by premarital assets, businesses, partnerships, inherited assets, and other property. Our divorce lawyers can advise you as to valuation and favorable division of these and other assets.
Alimony and Child Support
Massachusetts alimony law amendments have changed the way alimony functions in Massachusetts. Previously alimony could be indefinite; now alimony is time-limited in most instances. The Probate Court can order different types of alimony with shorter or longer alimony terms . Child support has also evolved, and under certain circumstances stay-at-home or unemployed spouses may be subject to income attribution. Special rules under the Massachusetts child support guidelines also now apply to high-income families. Our divorce lawyers will advise you on the different forms of alimony and child support and advocate for the most advantageous application of the alimony and child support laws.
Child Custody, Support and Parenting Plans
Massachusetts law on child custody favors joint custody when in a child’s best interests. Our divorce lawyers can assist you in crafting an appropriate parenting plan. If you and your spouse cannot agree on a parenting plan, our lawyers are skilled at working with guardians ad litem (court-appointed professionals who investigate and in make recommendations regarding parenting plans).
After divorce, you may need to ask the Probate Court for modification of a child support, child custody, or parenting agreement, or to enforce a judgment. Examples can include a substantial change in income, a party’s failure to pay child support or alimony, or when the best interests of a child requires a modified parenting plan. Our divorce lawyers can assist you in presenting or defending against petitions for modification or contempt.