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Family Law & Divorce Attorney in Dracut, MA

Family law,
with the long view.

The decisions made here ripple for years — through your children, your home, and your finances. We help you make them clearly, and we keep them out of court when there is a better path.

Family law

The hardest year of a family's life

We approach every matter the way we would want one handled for our own family.

Family law is the part of this practice where the legal question is almost never the hardest question. The statute on child support is a formula. Deciding how to tell your children, how to divide a house you built together, whether to fight over the retirement account or let it go — none of that is in a statute.

What we can do is take the legal weight off you so you have room for the rest of it. That means telling you plainly what the likely range of outcomes is, rather than what you want to hear. It means resolving what can be resolved by agreement, because a negotiated separation agreement is faster, cheaper, and more durable than an order a judge imposes on two people who both feel wronged. And it means being genuinely prepared for court when the other side will not deal fairly.

Massachusetts is a no-fault state. You do not have to prove that anyone did anything wrong to get divorced, and in the great majority of cases nobody tries.

Family law

What we handle

Filed in the Probate and Family Court, and negotiated everywhere else.

  • 01
    DivorceContested (1B), uncontested (1A), and collaborative
  • 02
    Separation agreementsThe document that actually governs the next decade
  • 03
    Child supportCalculated under the Massachusetts guidelines
  • 04
    AlimonyDuration and amount under the Alimony Reform Act
  • 05
    Contempt actionsEnforcing an order the other party is ignoring
  • 06
    PaternityEstablishing rights and responsibilities
  • 07
    Prenuptial agreementsDrafted and reviewed
  • 08
    AdoptionStepparent and independent
  • 09
    Restraining ordersProtection for you and your family
  • 10
    MediationWhen both sides are willing to work at it
Family law

How a Massachusetts divorce works

There are two paths, and which one you are on matters more than almost anything else about your case.

A 1A divorce is a joint petition. You and your spouse have already reached a written separation agreement covering property, support, and the children, and you file it together. The court schedules a short hearing, approves the agreement if it is fair and reasonable, and the divorce becomes final after a statutory waiting period — roughly four months from the hearing. It is the faster and far less expensive road.

A 1B divorce is filed by one spouse when there is no agreement yet. It opens a contested case: financial statements, discovery, temporary orders for support and parenting while the case is pending, and, if nothing settles, trial. Most 1B cases still end in a negotiated agreement — often after the temporary orders have shown both sides what a judge thinks.

Our aim in a 1B case is usually to convert it into a 1A outcome: keep working the settlement while preparing as if we are trying it. Cases settle on the strength of the preparation behind them.

Family law

Support and alimony

Child support runs off the Massachusetts Child Support Guidelines, which take both parents' incomes, the parenting schedule, and the cost of health insurance and child care into account. The guidelines produce a presumptive number, and departures from it have to be justified. We will run the calculation for you at the first meeting so you are negotiating against a real figure rather than a fear.

Alimony is governed by the Alimony Reform Act, which ties both the amount and the duration to the length of the marriage and to the gap between the parties' incomes. For marriages of twenty years or less the statute sets a durational limit, and awards ordinarily end on remarriage or at full retirement age. It is one of the places where a negotiated figure is almost always better than a litigated one.

Support orders are not permanent. A material change in circumstances — a job loss, a serious illness, a real shift in either party's income — is grounds for a modification, and we handle those as often as we handle the original case.

Related

Common questions

Questions we get asked

How long does a divorce take in Massachusetts?

An uncontested 1A divorce is usually final about four months after the hearing, and the hearing is typically scheduled a month or two after filing. A contested 1B case depends entirely on how much is genuinely in dispute and how quickly the court can hear it — a year is common, and cases with a trial can run longer.

Do I have to prove my spouse did something wrong?

No. Massachusetts allows a no-fault divorce on the ground of an irretrievable breakdown of the marriage. Fault grounds still exist, but they are rarely used and rarely help.

How is child support calculated?

Under the Massachusetts Child Support Guidelines, which weigh both parents' gross incomes, the number of children, the parenting schedule, and the cost of health insurance and child care. The formula produces a presumptive amount that a judge will order absent a documented reason to depart from it.

Who gets the house?

Massachusetts divides marital property equitably, which does not necessarily mean equally. The court weighs the length of the marriage, each spouse's contribution, and future needs. In practice most couples reach one of three outcomes: sell and split the proceeds, one spouse buys the other out, or one spouse stays with the children for a defined period and the house is sold later. We handle the deed and the refinance side of that too.

Can we use the same attorney?

No. One attorney cannot represent both spouses — the interests conflict by definition. We can, however, represent one of you in an amicable 1A where the other is unrepresented, or act as a neutral mediator for both, which is a different role and one where we do not represent either party.

What does a divorce cost?

An uncontested 1A with an agreement already in hand is a modest flat fee. Contested cases are billed hourly against a retainer, because the cost is driven by how much the other side chooses to fight. We will give you a candid estimate at the first meeting, and we will tell you when continuing to litigate stops being worth the money.

How does divorce work in Massachusetts?

Divorces proceed in the Probate and Family Court, either on an uncontested (agreed) basis or a contested basis. The path depends on whether spouses can agree on property, support, and parenting.

Do you handle prenuptial agreements?

Yes. We draft and review prenuptial agreements.

Do you handle adoptions?

Yes. Adoption is among the family law matters we handle.

Is the first consultation free?

Yes. Initial consultations are free.

General information about Massachusetts law, current as of publication — not legal advice, and not a substitute for talking through your own circumstances with an attorney. Reading this page does not create an attorney–client relationship.

Get in touch

When you're ready,
we'll take it from here.

Free initial consultations. We'll listen first, then lay out a plan in plain language.

Hours Mon–Fri · 8:00am – 5:00pm
Email djc@clermontlawoffice.com Available 24/7