A Brief Guide to Family Law Laws
Family law is a branch of law that deals with all legal matters related to family relationships. This may include marriage, adoption, child custody, child visitation, child support, spousal support and alimony, distribution of marital property, paternity, and divorce. Although the family laws governing divorce, separation, and annulment have changed dramatically over the last fifty years, most people are still not familiar with all the complicated rules and procedures.
At its most basic level, family law encompasses domestic relations involving individuals who are related by blood, marriage, or other relationship recognized by the legal system . In the past few decades, family law has expanded beyond the traditional legal boundaries, and today there are many ways to form a family. For example, same-sex couples and unmarried heterosexual couples can now receive legal protection for their domestic relationships in Northampton. Typically, family law covers matters that affect the family unit as a whole, such as joint custody of children, redistribution of assets, and maintaining child or spousal support.
Family law is important because it directly impacts families and children. For this reason, family court cases can become very emotional. Unfortunately, family law cases can also be very complex and lengthy.
Divorce in Northampton, Massachusetts
In Massachusetts, two people can get divorced no fault or fault. In a no-fault divorce, one party just has to prove that the marriage is irretrievably broken down and that there is no hope of reconciliation. In a fault divorce, the person seeking the divorce would allege that there is fault on the part of the other spouse, such as adultery or cruel and abusive treatment. In most cases, a no-fault divorce will be the only option as it is rare to have the opportunity to prove any type of fault in Massachusetts. An uncontested divorce is one in which both spouses agree on all issues related to the divorce. Contested divorces are more complex because the parties disagree on some or all of the divorce issues. In either case, however, the process for filing for divorce is essentially the same. The divorce process in Northampton, MA starts when one party files a complaint for divorce with the court and serves the other spouse with it. The person who is served has 20 days to file their response if they are in the military. For everyone else, they have 30 days to file their response to the complaint and their consent to the entry of the divorce judgment if it is uncontested. After the complaint is filed, the courts will schedule the first session of probate and family law mediation. This is often done so that the parties have the chance to discuss settlement options with a third-party neutral before they move forward. The court will schedule the final conciliation conference and order a financial statement to be filed and served both before and after the conciliation conference. A conciliation is like a full settlement conference that much of the same rules apply to. A contested divorce will move on to the discovery phase after the conciliation conference so that each party will have to provide financial information to the other to assist in the case preparation for trial. Once discovery has been completed, the case may go to mediation where the parties may reach an agreement with the help of the court or may move on to the trial phase.
Custody of Children and Support Payments
Child custody and support are important and often difficult aspects of family law cases in Northampton, MA. It is important to consider them within the larger context of divorce or separation to understand how decisions regarding them can affect other issues.
While it is tempting to think of custody and support as separate issues, they are in many ways joined at the hip. When custody and child support are discussed, the discussion usually revolves around the payment of child support from the non-custodial parent to the custodial parent. This focus on non-payment fails to see the full picture of these issues. In Massachusetts, child support is a mathematical calculation based on income. The amount of child support is based on a statutory formula that considers the income of both parties and the schedule of parenting time with the child. This formula is provided in the Massachusetts Child Support Guidelines. It is not intended to be the final say in the amount of child support, which can deviate if necessary based upon specific factors. Nevertheless, the guidelines provide a very reliable and calculable proxy of the amount of child support.
Child custody on the other hand is a question that (at least generally) is not calculable. When parties separate for whatever reason, including divorce, there are important decisions about where the children will reside. A parent who provides housing, food and clothing for the children and maintains residency with the children is referred to as a "primary caretaker" or "primary custodian." On the other hand, a parent who does not maintain the physical residence of the children is referred to as a "secondary caretaker" or "non-custodian."
In planning for the future after the parents have separated, decisions must be made about future residence and the amount of parenting time a parent will have. In considering these issues, there are a number of statutory factors the court considers when deciding what is in the "best interest" of the child. Because this is such a sweeping and flexible term, a judge often has broad discretion in making decisions. Despite the discretionary nature of these factors, the following list is intended to provide some of the common considerations in child custody cases.
A joint custody situation is one where the parents have both legal and physical decision-making authority over their child(ren). Legal custody is the right of a parent to make decisions about the child’s welfare, such as education, religion, and medical care. Physical custody is the right of the parent to have the child reside with him or her.
Even in joint custody arrangements, it may become necessary to allocate child support. Child support is calculated based on income, so that the income of both parents is included in the calculation. Decisions about who pays child support and how much are not usually made until the end of the process. However, interim orders regarding child support may be entered in some circumstances.
Spousal Support and Alimony Agreements
Spousal support or alimony is an obligation from one former spouse to another following a divorce. In general, alimony is limited to a period of time equal to the length of the marriage (generally, 50 percent of the length of the marriage). An award of alimony can be either part of a separation agreement or decided by the court.
Massachusetts law sets out the following criteria for an award of alimony (which applies regardless of whether the parties reached a separation agreement): A party seeking alimony must show that either:
• The party from whom the alimony is sought has the ability to pay; or
• The recipient spouse does not have enough money to meet his or her needs.
Alimony has four definitions:
• General term of alimony: There is no longer a distinction between "rehabilitative contract" and "periodic alimony." Judges now refer to "general term alimony , " which is the primary type of alimony awarded. Massachusetts alimony law has made reforms to general term alimony which change the outcome of support amounts. A review of these changes is required by you and your private family lawyer.
• Rehabilitative alimony: This is time-limited alimony for spouses who require education to obtain the means to support themselves. It is an award limited to the amount required for the person in need to become self-sustaining or for a reasonable time. It may be awarded together with a "step-up" provision which provides for an increase in payments at a specified time, such as when the requesting party begins working again.
• Transitional alimony. This new type of alimony is for spouses who need short-term support during the transition from married to unmarried. An example might be a spouse who needs a short time to find a new place to live after the divorce. This type of alimony is not used where a spouse is building skills or transitioning to a new career.
• Reimbursement alimony: While this type of alimony was previously known as "rehabilitative" alimony, it has been renamed to differentiate from rehabilitative alimony (see above) but is still available to assist a spouse who needs short-term support during a transition period.
Adopting a Child: Legal Process and Procedure
Adoption is the final process that legally transfers parental rights from one individual to another. In Massachusetts, adoption processes vary based on the situation. For example, an agency placement where a baby is put up for adoption through a state agency is different from step-parent adoption when a mother or father seeks to adopt their partner’s children. Below we cover the most common adoption processes and some of their specifications with the qualification that less common processes are usually extensions of the following.
Private placement adoption is the process of having a child placed with you privately through a third-party agency or the U.S. Children’s Bureau. Private placement adoption generally involves a third-party organization that acts to place a child with a family. They may facilitate the birth mother’s surrender of parental rights as well as pre- and post-placement counseling. Massachusetts law does allow for a birth parent to revoke consent to adoption within 30 days after surrender if they acted under duress. After 30 days, the birth parent’s consent to adoption is final.
Agency placement adoption often involves a public or private domestic adoption agency. The adoption usually occurs after the birth parents voluntarily surrender parental rights and consent to the placement of the child. This type of adoption involves the termination of parental rights and the finalization of a child’s adoption.
Massachusetts currently has three types of adoption agencies: public, private non-profit and private for-profit. Although there are no education requirements, Massachusetts requires agency facilitators to take an assessment process to become certified and registered. Many non-profit agencies have licensed social workers and clinical psychologists on staff to monitor and support the adoption process.
Massachusetts allows for international adoption through the Hague Convention process. The United States uses the Hague Convention to partner with other countries in order to complete uniform international adoptions. If the Hague Convention has not been entered into between the state and the foreign country, international adoption is still possible. However, the process is commonly more expensive and time-consuming. Many prospective parents apply through the U.S. State Department’s Consulate officers for a visa to bring the adopted child to Massachusetts.
The home study is the process of having a social worker assess the fitness of a parent or parents before placing a child in their home for adoption. Some authorized individuals may perform a home study, including a doctor, private counselor, or clergy member. Some states bill the home study into the cost of the adoption and others allow for anyone to do the home study with the caveat that a licensed professional must review it. It is common for the home study to include:
As part of the home study process, prospective adoptive parents must attend an informational parent meeting hosted by the agency. Examples include:
Legal Aid and Support Services in Northampton
Access to legal and community support is vital for those navigating the often difficult family law landscape. Fortunately, residents of Northampton are fortunate to have a number of resources at their disposal to help during this challenging time. From legal assistance to support groups, there’s no reason to face these challenges alone.
Finding a reputable family law attorney is a critical first step following the onset of any family law-related problem. The Massachusetts Bar Association provides an online tool for helping you locate a qualified lawyer near you. Additionally, the Hampshire County Bar Association provides a Lawyer Referral Service. The MBC also offers a discount service for legal counsel for lower-income individuals. The Massachusetts Family Law Information Center (MFLIC) is available to answer questions and help complete court forms .
Support groups play an essential role in the healing process, whether for divorce or custody issues. Of course, the Pain and Parental Wellness Center & Divorce Recovery Clinic in Northampton offers valuable resources to help parents get through the aftermath of divorce. For even greater support, consider adopting alternative healing modalities such as Tai Chi or Incorporative Movement, also offered through the center.
Local family services, such as the Center for New Americans (CNA) and Child and Family Services (CFS), provide additional invaluable assistance. The CNA offers immigration services, refugee and immigration support and advocacy, and assistance in attaining education and career goals. CFS provides clinical and counseling support, early childhood education, foster care and adoption services, and programming for victims of abuse or neglect. Clearly, there’s no shortage of legal and community support services in Northampton.