Family Law Litigation
We understand that family law matters require fierce advocacy with a comprehensive and personalized approach. The Attorneys at Goldberg Family Law specialize in providing experienced legal counsel while expertly advancing your position in Court in order to optimize the results of litigated matters.
Family law cases can be complex and stressful. We support each of our clients to minimize the stress and expense of their family law matters, without compromising our professionalism or ability to fight for you throughout negotiations and in court.
Most family law matters are resolved with negotiations outside of the courtroom and never go to trial. Our approach is to carefully and skillfully prepare each matter for trial, to present your strongest position during negotiations and provide representation in mediation and other alternative dispute resolution efforts, while at all times being ready to step into the courtroom should negotiations fail. The outcomes of a litigated family law case often have significant and long-lasting consequences, particularly when it comes to issues related to custody and support. The Attorneys at Goldberg Family Law provide guidance, support, and advocacy throughout the litigation process, so that our client’s never feel they are in it alone.
Family Law Litigation Services
Divorce and Separation:
Divorce is the legal process that ends a marriage between two individuals. During the divorce process, the parties must address a number of legal issues, including property division, spousal support, child custody, and child support. These issues can be resolved through negotiation, mediation, or by trial, depending on the complexity of the case and the willingness of both parties to reach a settlement.
Never-married parents often need to use the Courts to determine their rights and obligations as it pertains to child custody, parenting schedules, and financial support. Unmarried parents have just as much at stake when separation is imminent, and we understand how the rights of unmarried individuals may differ from those of legally married parents.
Modification:
A modification is the legal process in which a previously established judgment is changed or amended. Modifications typically pertain to the provisions regarding physical or legal custody, child support, or spousal support, and typically arise after a change in financial circumstances, a change in the health or well-being of a child or parent, or a change in the needs of a child or parent. In order to file a Complaint for Modification, there must have been a material and significant change in circumstances since the original judgment was established.
Contempt:
Contempt is the legal proceeding that is used to enforce a Court Order or Judgement. When one party fails to comply with the terms of an Order or Judgment, the aggrieved party has the option to file a Complaint for Contempt, which is a request that the Court enforce specific terms of a Court Order or Judgment. Failure to follow the terms contained within a Court Order or Judgment can result in significant consequences including ordering the non-compliant party to pay fines or penalties and attorney’s fees, and even imprisonment.
Legal Custody:
Legal custody is the right of a parent or guardian to make major decisions about a child’s upbringing, including their education, medical care, religious practices, and other important matters. When a court awards legal custody to a parent or guardian, that individual has the authority to make important decisions on behalf of the child.
Legal custody can be awarded solely to one parent, known as sole legal custody, or it can be shared by both parents, known as joint legal custody.
Physical Custody:
Physical custody is a legal term that refers to where a child lives on a day-to-day basis. It is the right of a parent or guardian to have the physical presence of a child. When a court awards physical custody to a parent or guardian, that individual has the responsibility of providing for the child’s basic needs, such as food, shelter, clothing, and medical care.
Physical custody can be awarded solely to one parent, known as sole physical custody, or it can be shared by both parents, known as joint physical custody.
Child Support:
Child support is a legal obligation that requires the non-custodial parent to financially support their children who are living with the custodial parent. The purpose of child support is to ensure that the children receive the proper financial assistance from both parents, even if they are not living together.
Child support is meant to help cover the expenses that the custodial parent incurs for expenses such as food, clothing, housing, and healthcare for the children. It is the responsibility of the custodial parent to determine how these funds are used to provide for the needs of the children.
Child support can be enforced through legal means, such as wage garnishment, seizure of assets, and even imprisonment in extreme cases of nonpayment.
Parenting Schedules:
Parenting schedules outline when each parent will have physical custody of their children. A typical parenting schedule will include information about where and when the children will be transitioning, as well as other important details such as transportation, holidays, and special events. The purpose of a parenting schedule is to create a clear and consistent plan for both parents and children to follow.
Parenting schedules are unique and will vary greatly depending on the unique needs and circumstances of each family. It is important to create a parenting schedule that is fair and workable for both parents, while also prioritizing the well-being of the children involved.
Spousal Support:
Spousal support, also known as Alimony, is a legal obligation in which one spouse is required to provide financial support to the other spouse after a divorce. Spousal support is intended to help the lower-earning spouse maintain their standard of living after the marriage has ended. The amount and duration of spousal support can be modified if there are significant changes in the financial circumstances of either spouse, such as a job loss or a significant increase in income.
The amount and duration of spousal support are determined by a variety of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage. In some cases, spousal support may be temporary and designed to provide the lower-earning spouse with financial assistance while they work to become financially independent. In other cases, spousal support may be permanent and continue until the death of either spouse or until the recipient spouse remarries or cohabitates with another partner.
Guardianships:
In Massachusetts, guardianship is a legal arrangement in which an adult is appointed by a court to make decisions on behalf of a person who is unable to make decisions for themselves due to a physical or mental incapacity. The person who is appointed as the guardian is responsible for making decisions related to the person’s care, custody, and control.
In Massachusetts, guardianships can be established for both adults and minors. For adults, guardianships are typically established when a person becomes incapacitated due to an illness, injury, or disability. For minors, guardianships are typically established when a child’s parents are unable to care for them due to illness, death, or other circumstances.
Once a guardianship is established, the guardian will be responsible for making decisions related to the person’s health care, living arrangements, and other important matters. The guardian must act in the best interests of the person for whom they are appointed as guardian.