GLOSSARY OF BEST Family law terms - courtesy of:
South sHORE DIVORCE & gRANATINO LAW
ADOPTION
The legal process by which a person assumes the legal rights and responsibilities of a parent for another person who is not their biological child. South Shore Divorce has handles many adoptions and values its role in assisting adoptive parents. Adoptions are one of the happy highlights of our legal work.
AGREEMENTS
The South Shore Divorce team has years of experience negotiating and drafting agreements including Prenuptial, Postnuptial, Cohabitation and Divorce Agreements. Our team of litigators, mediators and conciliators are well skilled in negotiating, drafting, and enforcing agreements.
Pre-Nup Agreement - An agreement negotiated before and in anticipation of marriage to fix the rights and responsibilities of parties in the event that the marriage ends.
Post-Nup Agreement – An agreement negotiated after marriage when parties are attempting to fix the rights and responsibilities in the event that the marriage ends.
Post-Nup Agreement – An agreement negotiated after marriage when parties are attempting to fix the rights and responsibilities in the event that the marriage ends.
Cohabitation Agreement – Common law marriage is not recognized in Massachusetts. A Cohabitation Agreement is important as the legal protections afforded married couples, including, but not limited to, the right to an equitable division of assets, the right to spousal support, and the right to be provided for in the estate of a deceased spouse do not apply to unmarried persons.
Divorce Agreement – An agreement entered at the time of the dissolution of marriage. Essentially, a divorce agreement resolves marital rights and responsibilities, care and custody of children, support for spouse and minor children, equitable division of marital assets upon dissolution of the marriage and the allocation of marital debt. South Shore Divorce has decades of experience in negotiating and enforcing divorce agreements and formulating parenting plans. We have represented families with small businesses, high wage earners, retirees, complex estate plans and significant retirement assets.
ALIMONY
Alimony is sometimes referred to as spousal support. It may be a legal obligation of a spouse to provide financially for the other spouse during the time of marriage or after divorce. South Shore Divorce has considerable experience arguing and defending claims for alimony support. The law governing alimony was dramatically amended by the legislature. Our Attorneys were among the first to successfully advance claims under the new statute for the benefit of our clients.
CHILDREN
The best interest of children are a priority in the Probate & Family Court. Children are contemplated in matters such as divorce, paternity, guardianship, adoption, etc. South Shore Divorce not only advocates for children but ensures children’s needs are discussed and addressed in a mindful manner. Such topics include child support; custody; parenting; education, health, safety and well-being and more.
CHILD SUPPORT
The Probate and Family Court has embraced uniform child support guidelines which establish a presumptive child support obligation to the parent living with the children. The Court bases child support on the gross income of the parties from all sources, number of children, and other factors such as health insurance expenses and child care expenses. You may wish for South Shore Divorce to assess these factors that determine rights and responsibilities.
CONTEMPT
A person is in Contempt of Court when they fail to comply with a clear and unequivocal Order or Judgment of the Court. South Shore Divorce invites you to make an appointment with our law firm so that we may provide you with a review of your matter to evaluate your needs in prosecuting or defending a Complaint for Contempt.
CUSTODY
There are two types of child custody. The first is legal custody which pertains to legal decision making responsibilities for a child with respect to religious, educational and medical decisions. The next type of custody is physical custody. The parent with whom the child parent primarily resides with has physical custody and the other parent typically has a parenting schedule. Custody is based on a child's best interest. This area is emotionally charged and custody is a high conflict topic between parties. We have decades of experience in this area.
DEPARTMENT OF CHILDREN AND FAMILIES
South Shore Divorce has years of experience working harmoniously and proactively with the Department of Children and Families (formerly known as DSS) to preserve and protect children and parental rights. We develop strategies and meet regularly with DCF officials to address agency concerns and to facilitate reunification in cases in which the children have been removed from the care and custody of one or both parents. We have defended against petitions to dispense with parental consent to adoption and have creatively utilized guardianships as a means of addressing parental concerns.
DIVISION OF ASSETS
The Commonwealth of Massachusetts is not a 50/50 state but instead relies on equity principles. The Probate Court starts with the premise that all property whether in individual or joint names is divisible at the time of Divorce. There are many arguments to not include one’s assets or why there should be a disproportionate division. Often one spouse controls the finances while the other party focuses their attention on other important family matters. In events where there are questions as to one’s income, assets and liabilities, the seasoned professionals at South Shore Divorce use discovery tools to obtain this important financial information often to the surprise of the other spouse.
DIVORCE
Divorce is the legal dissolution of a marriage. A divorce can be fault based or simply upon the grounds of an irretrievable breakdown of the marriage. South Shore Divorce is trained to assess each unique situation and advise the client concerning the options and strategies most likely to result in a fair, equitable and cost efficient resolution of all contested matters associated with the breakup of the marital union. The Divorce process is deceivingly complex and requires specific knowledge and skill. South Shore Divorce prides itself on experience and has a preferred network of professionals for the benefit of our clients.
DOMESTIC ABUSE
South Shore Divorce counsel has completed the Trial Court’s training on the intricacies of domestic abuse both physical and psychological. Meet with a member of our legal team for a confidential and nonjudgmental appointment. The first step begins with you. No person should tolerate or suffer abuse. Your home should be your and your children's safe and peaceful sanctuary.
EDUCATIONAL EXPENSES
The Probate Courts deem that a well drafted divorce agreement includes provisions with respect to a child’s higher education. Consultation with one of our professionals at South Shore Divorce is essential. The parties should have a realistic financial discussion about the high cost of higher education and the payment of tuition, co-signing loans and related expenses.
ESTATE PLANNING
Estate planning is the process by which plan for the management and/or investment of your assets during your lifetime and/or control the ultimate disposition upon your death. Issues that are considered include property management, probate avoidance, and the avoidance of ancillary administration. Some instruments may also have significant tax advantages particularly for married couples. Irrevocable trusts instruments are available for various asset protection reasons and have other advantages including, but not limited to, protection of disabled beneficiaries of your estate. We refer our clients to other excellent law firms who focus in this area of the law.
ESTATES POST-LIFE
We suggest that you consider a Will for the disposition of your assets at the time of your death. This way your wishes can be honored as well as the disposition of your assets. In some instances a Probate of a Will is necessary. Similarly, if there is a Will contest, a dispute, you should have a seasoned Attorney prosecute or defend such matters depending on your position. This type of matter can be very emotional especially when dealing with family and after the death of a loved one. We refer our clients to other excellent law firms who focus in the area of the law.
HEALTH CARE PROXY
Estate planning is the process by which you determine, among a variety of legal documents and instruments, those that are appropriate to your unique circumstances and which may govern the management and/or investment of your assets during your lifetime and/or control the ultimate disposition upon your death. At a minimum an estate plan should include a (i) Last Will and Testament, (ii) Durable Power of Attorney, (iii) Massachusetts Health Care Proxy. We refer our clients to other excellent law firms who focus in this area of the law.
INSURANCE
Both life insurance and medical insurance are essential to one’s family. Life insurance is often utilized to secure one’s child support or spousal support obligation in the event of one’s death. Medical insurance is essential for the health and well being of one’s family members. The issue of insurance is essential to a well drafted agreement. The professionals at South Shore Divorce have considerable experience in these areas.
MODIFICATION OF DIVORCE AGREEMENT
All child related issues, such as custody, visitation, child support and allocation of child related expenses may be changed upon a showing that there has been a substantial and material change in circumstances since the time the Divorce Judgment to the present time. At the time of the Divorce issues such as alimony, medical insurance, and other terms, may be merged into the Judgment of Divorce and therefore may eligible for modification. We here at South Shore Divorce invite you to make an appointment with our law firm to assess your situation. We can advise as to what terms are modifiable and to evaluate whether you may benefit from a modification. Be sure to bring in your executed and filed Divorce Agreement and Judgment. Note that we have the ability to access it on the Court database, if it was scanned in, if you cannot locate it.
PARENTING PLANS
The Probate Court uses the children's best interest standard. After all each child only has one childhood. Successful parenting plans contemplate a child's physical and emotional health, adaptability to change, daily schedule, child's age and abilities, a parent's ability, desire, availability and location, sibling relationships, care-taking and much more. Each child is unique and much effort is devoted to ensuring a child's success to cultivate their unlimited potential.
PATERNITY
Paternity is a term used for a nonmarried person with a child. The issues that a party may typically face are care, custody, and support for the child. These rights are not fixed as they are for married persons however the Probate Court applies equitable principles. South Shore Divorce has been successful in effectuating fair and equitable agreements, monetary agreements, parenting plans, and other child related matters.
POST-DIVORCE MATTERS
Post divorce matters typically include but are not limited to Contempt actions to enforce Court Judgments and Orders, Motions for Relief of Judgment, and the actions to modify Divorce Agreement provisions. Trust South Shore Divorce to assess your matters, review your Divorce Agreement and advise you as to your rights.
POWERS OF ATTORNEY
A Power of Attorney is a document in which you authorize another to make certain financial decisions on your behalf. Powers of Attorney are typically two types: a General Power of Attorney and a Durable Power of Attorney. The fundamental difference is that a durable Power of Attorney remains valid even if you become incapacitated, whereas the General Power of Attorney does not. Powers of Attorney have other practical applications such as controlling authority over who will become your Guardian or Conservator should one be required. This is a very important planning tool that every person should discuss with a seasoned Attorney. We refer our clients to other excellent law firms who focus in this area of the law.
PROPERTY DIVISION
Massachusetts is an equitable jurisdiction state. This means fair but not necessarily equal. If parties through counsel are not able to come to a fair and reasonable property division then the Court will make the decision and rely on a number of factors including but not limited to length of marriage, contribution of each party, ages, health, conduct, etc. All property is considered for division no matter whose name is on the title. Both parties are required to exchange mandatory discovery documents and fill out Financial Statements which are signed under the pains and penalities of perjury.
RESTRAINING ORDERS/NO ABUSE ORDERS
A Restraining Order or protective order is used by a Court to protect a person(s) in a situation involving alleged domestic violence, harassment, stalking, or sexual assault. We have successfully prosecuted and defended Complaints for Restraining Orders. Let our South Shore Divorce experience work for you.
SEPARATION
Massachusetts does not have legal separation nor does a separation end one's marriage. A separation does however contemplate similar terms for resolution such as parenting time, child support, alimony, and the like. Many people when faced with serious maritial difficulties first contemplate separation but overtime decide that divorce is the appropriate means to move forward with the dissolution of the marriage. However, there are a small number of persons who elect to stay married but live separate and apart.
SUPPORT OF ALIMONY
Alimony is sometimes referred to as spousal support. It may be a legal obligation of a spouse to provide financially for the other spouse during the time of marriage or after divorce. South Shore Divorce has considerable experience arguing and defending claims for alimony support. The law governing alimony was dramatically amended by the legislature. Our Attorneys were among the first to successfully advance claims under the new statute for the benefit of our clients.
VALUATIONS
South Shore Divorce often utilizes appraisers for asset valuations. These may include business interests, homes, condominiums, pensions, retirement accounts, investments, rugs, valuable art, antiques, and other valuables. Let our experience guide you through this important process and simplify the dispute over assets and the value of the overall marital estate.
POWER OF ATTORNEY/HEALTH CARE PROXY/ESTATES
At South Shore Divorce we believe that every person, regardless of age or financial resources should have a Will, Durable Power of Attorney, and Health Care Proxy. These instruments collectively increase the likelihood of future asset distribution in accordance with one’s wishes and minimizes the necessity of Court action. However, the optimal plan should be customized to suit your particular and unique needs. We refer our clients to other excellent law firms who focus in this area of the law.
WEALTH PRESERVATION/ESTATE PLANNING
Regardless of the size of your bank account you need an estate plan. If one does not have an estate plan the Commonwealth of Massachusetts determines the rights and disposition of your assets. With an Estate Plan you can keep your family finances private. Estate planning is the process by which you determine, among a variety of legal documents and instruments, those that are appropriate to your unique circumstances and which may govern the management and/or investment of your assets during your lifetime and/or control the ultimate disposition upon your death. At a minimum an estate plan should include a (i) Last Will and Testament, (ii) Durable Power of Attorney, (iii) Massachusetts Health Care Proxy. We refer our clients to other excellent law firms who focus in this area of the law.
WILLS/TRUSTS/ESTATES
Many life events such as Divorce have a consequence to ones legal needs. South Shore has referred many former clients and persons at large to other law firms practicing in the area of Wills, Estates and Trusts. An experienced lawyer can assist with your estate planning needs to afford you piece of mind and protection in the future. Further, an Attorney practicing in the area will discuss with you Probate avoidance techniques and when Probate is necessary will help to demystify the process. We refer people to other excellent law firms who focus in this area of the law.
