Divorce Modifications in the State of Massachusetts

When the terms of your divorce no longer fit your present circumstances, petitioning for divorce modification can help alter the terms accordingly. In the Commonwealth of Massachusetts, overturning a divorce decree requires an appeal. The appeal process is often drawn-out because one appellate court will need to overturn a lower court’s decision. Appeals are usually unsuccessful except in the case of exceptional and compelling circumstances. The following are common examples of situations that warrant a divorce modification. 1. Moving a long distance from an ex-spouse. 2. A needed increase of alimony. Spousal support is not mandatory in the Commonwealth of Massachusetts. It depends upon the income and situation of the spouses. 3. Dramatic increase or decrease of income for former spouse under a child support order. 4. A child not being properly supervised by parent or current partner of parent due to psychological or substance abuse problems. 5. A teenage
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Can I represent myself in my divorce?

Under Massachusetts law you have the right to appear on your own behalf in a courtroom in any legal matter including divorce. However, proceeding “pro se” (literally, “for yourself”) in getting your divorce is advisable only under certain circumstances. If you and your spouse have custody disputes, if you are married and paternity of any of the children is in question, if you want support (alimony) from him/her or if there is any marital property which hasn’t already been satisfactorily divided, you are advised to hire an attorney to represent you. If the case is complicated, you do not know how to proceed, or you are unsure how to proceed, contact divorce lawyer Howard Lewis to learn how to protect your interests.
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When should I go to court for my divorce?

Going to court too quickly can often create more litigation in your divorce. In making your decision to live apart, to divorce or to contest certain issues, weigh the price you will pay with your time, emotional pain and money. Each divorce case is unique. When children are involved, your relationship with your spouse does not end with the separation or divorce. You probably, but not necessarily, will continue to have contact with him/her regarding support, visitation, and other parental responsibilities. You both will be grandparents of your children’s children. If it is appropriate in your situation, for the sake of your children, keep the lines of communication open, but only if it is safe to do so. If possible, put your children’s welfare ahead of continuing conflicts. If you are in need of an experienced divorce attorney, please contact Attorney Howard Lewis to schedule a consultation.
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How long will I need to spend in divorce court on the first date?

I have heard stories that you can spend all day in court and who will watch my children? It appears that you will be in Norfolk Probate court. On your first appearance most likely you will be sent to family services/probation dept, that is on the third floor, there you will check in and a probation officer will meet with you to discuss what you are there for and to help resolve the issues and minimize the matters before the judges so that the judges are not overwhelmed. So, the earlier you get there and the more prepared you are the faster you will be called. We ensure that our clients have their financial statements fully prepared, an envelope for the court typed and the initial intake that is required filled out, if your husband’s attorney is equally prepared then the variable is the line, first in first called, if
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