Divorce Law In Barnstable County, Massachusetts

Here in Massachusetts, divorce is a formalistic process that begins with the filing of certain papers for the dissolution of marriage, known as a “complaint for divorce.” When those papers are filed, the answering party has 20 days to respond. Meeting deadlines is very important, so it makes sense to contact a divorce attorney right away.

Usually, "Motions for Temporary Orders” accompany the complaint. These are requests made by the "plaintiff" spouse asking that certain “orders” be put in place during the pendency of the divorce proceeding. “Temporary Orders” generally address matters regarding:

  • Legal Custody
  • Physical Custody
  • Child Support
  • Parenting Time
  • Living Arrangements
  • Continuation of Health Insurance

In most cases the Court will make these orders within three weeks of the filing of the divorce complaint.

Following temporary orders, the matter proceeds to the discovery phase where both parties are required to make a full financial disclosure to one another.

Once discovery has been completed, the attorneys will attempt to negotiate a final settlement that is fair and reasonable. If a settlement is reached, and it will in the majority of cases, the terms are documented in a separation agreement (contract between the parties), which is then approved by the Court. If the parties cannot reach an agreement, the matter will proceed to trial where the Court will make the final decisions.

Whether it is aggressive representation in a highly contested divorce, or assistance drafting an amicable separation agreement that treats you and your spouse fairly, Attorney Igoe is the best choice for navigating this stressful legal matter. Please contact Attorney Igoe of Cape Cod Family Lawyers, for a free consultation.

Family Law Services to Meet Your Specific Needs

Mitigating the Costs

A divorce can be costly. The last thing you need is an attorney who adds to those costs. A good family attorney will recognize the difficulties associated with divorce and will work efficiently toward a solution. The Law Office of Sean M. Igoe understands that the majority of divorces in Massachusetts never see the trial room. This is important because trials bring unnecessary expenses to the table. Attorney Igoe will do what it takes to negotiate a positive settlement prior to trial, Attorney Igoe can help you bring about some closure while saving yourself a great deal of money at the same time.

Visitation

Although there are many parts of your divorce that will be wholly uncontested, visitation rights will likely be one thing that you must fight for with help of a lawyer. Massachusetts law is continuously evolving in an attempt to provide equality to both parents when it comes to access and custody of their children. It is imperative, however, that you have an advocate to present your case to the Court when it comes to your rights to your children. The Law Office of Sean M. Igoe has the skills and experience necessary to assist you to ensure that your custody and visitation rights are preserved.

Negotiating the Divorce Settlement

Massachusetts law is relatively clear when it comes to the division of marital property. Any real property that is brought into the marriage does not have to be divided equally. Massachusetts does mandate equitable property division for any assets gained during the course of marriage. This includes things like houses, personal property, retirement accounts, as well as other cash-based assets. Attorney Igoe can help you and your spouse come up with an agreement that makes sense for all. The primary job of a good divorce attorney is to come up with a solution that is clear, effective and fair for you. Attorney Igoe and Cape Cod Family Lawyers can help you attain these goals.

Uncontested Divorce

Divorce does not have to be a messy process. In fact, it can often be a cooperative effort between you and your spouse to get the best possible resolution - quickly. The Law Office of Sean M. Igoe can help you through what the State of Massachusetts terms a "Petition for Divorce." This formalistic categorization describes a process where you and your spouse will get together to discuss (and agree) on a host of issues, including child custody and support, if applicable, as well as separation of financial assets and liabilities. If you are preparing for divorce, contact Attorney Igoe’s office at Cape Cod Family Lawyers for a free consultation to discuss your options.

Restraining Orders

Unfortunately, there are some bad things that can arise when a couple goes through an ugly divorce. There can often be accusations of domestic abuse against a spouse or the children. Whether you are a person who is being abused or you're the one facing accusations of abuse, the Law Office of Sean M. Igoe can help. Attorney Igoe has years of experience both prosecuting and defending restraining orders. Whether you are looking for injunctive relief to prevent future domestic violence or you need to a fight a wrongful restraining order, it pays to have an experienced domestic violence attorney on your side.