Divorce Lawyers in Salem, MA

Child Custody

When children are involved, you and your spouse will continue co-parenting after the divorce. Whenever possible, we assist you in negotiating a workable custody agreement.

These agreements are often built around parenting plans that explain how co-parenting will work in practice. Your children’s future can benefit significantly from a reasonable resolution reached by two caring parents.

Reaching a Full Resolution in Salem, Boston & Beyond

Many Massachusetts divorces are resolved without trial through a separation agreement covering matters such as property division, custody, and alimony.

If you and your spouse reach complete terms at the outset, that agreement allows the case to proceed as an uncontested divorce. In a contested case, an agreement reached later can still resolve the dispute well before trial.

Our attorneys carefully negotiate and draft these documents to reduce the potential for disputes after the divorce is finalized.

Alimony in a Massachusetts Divorce

Massachusetts law defines alimony as support paid under a court order by a spouse with the ability to pay to a spouse who needs support for a reasonable period. It isn’t automatic, and its form and duration depend on statutory factors and the circumstances of the marriage.

Massachusetts recognizes four types of alimony:

• General term alimony: Periodic support for a recipient who’s economically dependent.
• Rehabilitative alimony: Support for a recipient expected to become economically self-sufficient by a predicted time.
• Reimbursement alimony: Support following a marriage of five years or less to compensate for contributions to the paying spouse’s financial resources.
• Transitional alimony: Support following a marriage of five years or less to help the recipient adjust to a changed lifestyle or location.

For the first form of support listed above, the statutory maximum is one-half the number of months married for a marriage of five years or less. The cap is 60% of the months married for marriages lasting more than five but no more than 10 years, 70% for more than 10 but no more than 15 years, and 80% for more than 15 but no more than 20 years. For marriages of 20 years or more, a court may order support for an indefinite period.

This support ends upon the recipient’s remarriage or the death of either spouse. After at least three months of continuous cohabitation, the court may suspend, reduce, or terminate payments based on the statutory requirements and evidence presented.

Child Support Guidelines in Massachusetts

Massachusetts courts use the Child Support Guidelines and the Massachusetts Child Support Guidelines Worksheet to calculate support based on both parents’ income. The resulting guideline amount is presumed appropriate when establishing or modifying support unless that presumption is rebutted.

The guidelines apply to combined annual gross income up to $450,000. The court has discretion over income above that threshold, so high-income cases require closer analysis rather than a simple extension of the worksheet calculation.

A court may also order support for a child between 18 and 21 who remains domiciled with and principally dependent on a parent. In some circumstances, payments can continue for a child between 21 and 23 who’s enrolled in an undergraduate program.

Other Family Law Services Related to Divorce in Massachusetts

In addition to divorce, we provide counsel and representation in contested cases and proceedings to enforce court orders, including:

• Restraining orders
• Post-divorce modifications, including changes to custody and support orders
• Enforcement actions involving support and custody orders
• Paternity actions
• Guardianship of a minor

Whenever possible, we work toward a fair negotiated agreement with your spouse. When that isn’t possible, we’re ready to protect your rights and best interests in family court.

Frequently Asked Questions

These answers address common questions about divorce in Massachusetts, from filing requirements and temporary orders to property and court procedures.

What Is the Difference Between a 1A & a 1B Divorce in Massachusetts?

A 1A divorce is the uncontested route, in which you and your spouse file together and submit a signed agreement resolving all issues. A 1B divorce applies when one spouse files on the grounds of an irretrievable breakdown of the marriage, even if the other spouse doesn’t agree on the terms. The spouses may still settle during a 1B case, but if they can’t, the court will decide the unresolved issues.

Do I Have to Prove My Spouse Did Something Wrong to Get Divorced?

No. Most Massachusetts divorces are filed on a no-fault basis, meaning you need only state that the marriage has broken down irretrievably. The law also recognizes fault-based grounds, such as adultery or cruel and abusive treatment, but they’re used far less often because they add time, expense, and conflict without necessarily changing the outcome.

Does Adultery Affect How Property Is Divided or Who Gets Custody?

Generally, fault has limited influence on property division. Courts consider factors such as the length of the marriage, each spouse’s contributions, and future needs. Conduct can matter when, for example, a spouse spends marital funds on an affair or otherwise wastes marital assets. Custody decisions are based on the child’s best interests, not marital misconduct, unless the behavior directly affects the child.

Do I Need to Live in Massachusetts Before Filing for Divorce?

It depends on the circumstances. Generally, you can file in Massachusetts if you or your spouse lives here and the reason for the divorce arose in the state. If it didn’t, one of you usually must have lived in Massachusetts for at least one year before filing. The rules can be more complicated if you married or separated in another state or country, so we recommend speaking with an attorney about where and when to file.

When Is My Divorce Actually Final?

A divorce isn’t final immediately after a judge approves your agreement or issues a ruling. The court first enters a judgment of divorce nisi, and the divorce generally becomes absolute after a 90-day waiting period. Until then, you remain legally married, which can affect remarriage and certain benefits. Our attorneys can explain what to expect in your case.

What Happens to My Premarital or Inherited Assets in a Divorce?

These assets aren’t automatically protected. Massachusetts courts have broad discretion and may consider all property belonging to either spouse, regardless of when or how it was acquired. The source of the asset, whether it was kept separate, and how it was used during the marriage can affect the outcome. For example, an inheritance deposited into a joint account or used to renovate the family home may be treated differently from one kept separate.

How Is a Family Business or Professional Practice Handled in a Divorce?

A business owned by one or both spouses can be part of the marital estate, and its value is often a significant issue. Valuation typically involves financial professionals who review the company’s finances, assets, and income. The business may be valued and offset against other assets, or one spouse may buy out the other’s interest. Because these cases involve complex financial and tax considerations, early planning is important.

What If I Think My Spouse Is Hiding Assets?

Both spouses must disclose their finances, including through a financial statement signed under the penalties of perjury. If the information appears incomplete, your attorney can use formal discovery tools such as document requests, subpoenas, and depositions. Forensic accountants may also trace undisclosed accounts, income, or transfers. A spouse who conceals assets can face serious consequences from the court.

What Happens While My Divorce Is Pending?

Divorces take time, so the court can issue temporary orders addressing support for children, alimony, parenting time, who remains in the home, and responsibility for bills. In Massachusetts, an automatic restraining order also generally applies to both spouses once a case is filed, restricting actions such as selling or transferring marital assets or changing insurance coverage. Talk to your attorney before making any major financial decisions during the divorce.

How Should I Prepare Before Meeting with a Divorce Attorney?

Gather recent tax returns, pay stubs, bank and investment statements, retirement account statements, mortgage and loan records, and insurance information. List your assets and debts, then write down your priorities, such as parenting time, the house, or financial stability. Avoid moving money, making large purchases, or posting about your case on social media. When you’re ready, call (978) 744-7774 or contact us online to request a confidential consultation.

Which Court Handles a Divorce for Someone in Salem, Massachusetts?

A divorce involving a Salem resident is generally handled by the Essex Probate and Family Court, which serves every city and town in Essex County. The court has sessions in Salem and Lawrence. It assigns cases to a session rather than publishing a fixed town-by-town division, so the filing circumstances determine where the case proceeds.