Garabedian & Elloian are Worcester divorce lawyers who focuses on negotiated settlements in an attempt to resolve the issues that arise when the marital relationship breaks down. Ending a marriage is traumatic. Each case is unique and requires an attorney who can provide a creative and skilled approach to the law. The process can be very overwhelming. It is vital that when going through this process you are represented by an attorney who has the necessary experience in all areas of family law, including actions for divorce, child custody and support, division of marital property, negotiation and preparation of separation and property settlement agreements and issues involving visitation, to provide skilled, caring and innovative solutions to the issues involved in your situation.
Divorce
A divorce is a way to legally terminate the marriage relationship. This can be accomplished through an uncontested divorce or a contested divorce. In an uncontested divorce, either there are no issues to be resolved or all issues have been resolved between the parties through a Separation and Property Settlement Agreement. In a contested divorce, issues such as custody, child support, visitation, division of marital property, retirement, etc. have not been resolved and the husband and wife must seek the court’s help to decide these issues.
Separation Agreements
A Separation and Property Settlement Agreement allows a client to maintain personal control over the outcome of his or her situation. It is a detailed contract which contains an agreement based on the rights and obligations of both the husband and the wife with respect to all issues related to the marital relationship. This may include custody of the children, child support, visitation, division of the marital property, health insurance, debts, retirement, and any other issues that have arisen as a result of the marriage. Through such an agreement, clients meet their objectives in a manner that takes less of an emotional toll on themselves and their families than seeking the court’s help through a divorce case. In addition, out of court settlements are far less expensive than seeking the court’s assistance to resolve the issues.
Garabedian & Elloian are divorce attorneys who have the experience and training to get you what you want in your Divorce.
Child Support
Child support is an obligation that arises when one parent has the primary custody and care of the child. The non-custodial parent usually makes regular support payments to assist with the costs of raising the child. The legal right to child support really belongs to the child involved, for his or her care, regardless of which parent receives the child support payment. The amount is determined using a guideline formula that looks at a number of factors including, income, health insurance payments, and childcare costs. The guideline formula is determined by a formula in Massachusetts.
Child Custody And Visitation
In determining the custody of a child pursuant to a divorce, you can retain control over the outcome by negotiating an agreement with your spouse as to custody and visitation. Everyone benefits from a negotiated cooperative child custody agreement, especially the child involved. There are many types of custody arrangements. Several are outlined below.
Physical custody means that a parent has the right to have the child live with him or her. When a child lives primarily with one parent, this parent will have physical custody and the other parent will have visitation rights. Sometimes the husband and wife share physical custody.
Legal custody means that a parent has the right and obligation to make major decisions regarding the raising of the child. This may include decisions regarding health care, education, religion, extracurricular activities, etc. Sometimes the parties share legal custody. This means that they share the decision-making process concerning the child.
Sole custody can take several forms. It means that one parent has sole legal custody, sole physical custody, or sole legal and physical custody of the child.
Joint custody can vary from situation to situation. The parents can share legal custody, physical custody or both. If the parties share physical custody, they must work out an appropriate schedule that meets their needs and the needs of the child.
There are many different visitation arrangements ranging from a fixed visitation schedule, which details times and places for visitation with the non-custodial parent, for example every other weekend or twice a week, etc. This type of arrangement also sets up a schedule for holidays and vacations. Another arrangement is one of “reasonable visitation” which allows the parents more flexibility by considering the schedules of the parents and the child on a week to week or month to month basis in determining how much time the child will spend with the non-custodial parent. Here again, being represented by an attorney who is a skilled negotiator benefits both parents and the child by giving more control over the outcome to the people involved.
Prenuptial and Postnuptial Agreements
A Prenuptial or Premarital agreement is an agreement made between two people who intend to be married and wish to determine various property and support rights in the event the marriage ends in divorce or death. It provides a way to resolve these issues in advance to avoid disputes if the marriage ends in divorce and to simplify matters if a spouse dies. Having a Prenuptial or Postnuptial Agreement does not mean there is a lack of trust between the parties. Sometimes a couple just feels that having an Agreement will save money and emotional distress later if the marriage does not work out or if one of the spouses dies.
Prenuptial Agreement
A Prenuptial Agreement can set forth what will happen to a couple’s income and assets in the event the marriage ends in death, divorce, or separation. A Prenuptial Agreement can be utilized by young couples who have never been married and by older people who may have been widowed or divorced and are marrying again. Older couples that have children from a previous marriage may want to preserve their assets for their children at death. They may utilize a prenuptial agreement to do so. Such an agreement is a method of financial planning so disputes do not arise in the event of divorce or death.
Postnuptial or Post Marital Agreement
A Postnuptial or Post Marital Agreement is an agreement made between a husband and wife anytime after their marriage that determines various property and support rights in the event the marriage ends in divorce or death.
Both Prenuptial and Post Nuptial Agreements may resolve issues of support, property distribution, debts, retirement assets, homes, stocks, bank accounts and any other property issues that may arise during a marriage.
The Worcester MA divorce attorneys at Garabedian & Elloian serve the Central Massachusetts, Worcester County, and Middlesex County regions including Shrewsbury, Auburn, Grafton, Westborough, Marlborough, Northborough, Southborough, Boylston, West Boylston, Holden, Leominster, Paxton, Sutton, Millbury, Upton, Oxford, Fitchburg and Northbridge.
