Family Law & Divorce in Attorney Norfolk County

Key Elements the Court Must Evaluate

In any family law matter, the judge at the Norfolk Probate and Family Court is tasked with making decisions based on specific legal frameworks. Our role as your family lawyer in Norfolk County is to present the evidence that satisfies these standards.

• Equitable Distribution (M.G.L. c. 208, § 34): Massachusetts is an "equitable distribution" state, not a "community property" state. This means the court divides marital property based on what is fair, not necessarily a 50/50 split. The court considers the length of the marriage, the conduct of the parties, age, health, occupation, and the opportunity for each party to acquire future assets.
• Child Custody (The "Best Interest" Standard): When children are involved, the court’s North Star is the "Best Interest of the Child." This involves evaluating each parent's ability to provide a stable, nurturing environment and their history of caregiving.
• Alimony (The Alimony Reform Act): The court determines spousal support based on the need of the recipient and the ability of the payor to pay, taking into account the length of the marriage and the lifestyle maintained during the union.

For many parents, the most stressful questions in a divorce involve children and money. Our work as Guardians Ad Litem and certified mediators gives us practical insight into how courts view these issues and how families can approach them in constructive ways.

Our work as Guardians Ad Litem helps us understand the practical details judges and investigators often focus on. We use that understanding to help parents think through schedules, communication, school and activity logistics, and ways to reduce conflict where possible. As a family lawyer in Norfolk County, we work to craft proposals that address both legal standards and the day-to-day reality of your family life.

The Norfolk County Probate and Family Court Process

Located at 35 Shawmut Road in Canton, the Norfolk County Probate and Family Court follows a rigorous procedural schedule that requires strict adherence to local rules.

• Filing the Complaint: The process begins with the filing of the appropriate complaint, a summons, and a Financial Statement (Rule 401). This financial statement is arguably the most important document in your case, and accuracy is paramount.
• The Case Management Conference: This is a preliminary meeting where the judge or a judicial secretary reviews the status of the case and sets a timeline for discovery and future hearings.
• Discovery: Both parties exchange information, including bank statements, tax returns, and appraisals. In complex cases, we may utilize forensic accountants to ensure all assets are disclosed.
• Temporary Orders: Because a final divorce can take months or even years, the court often issues "Temporary Orders" to address immediate needs like child support, who remains in the marital home, and temporary parenting schedules.
• Pre-Trial Conference: This is a final opportunity to settle before a trial. If an agreement is not reached, the judge will issue a "Pre-Trial Order" outlining the issues that remain for trial.

As a family law attorney in Norfolk County, we help you understand how each step fits into the bigger picture.