Divorce & Family Law Attorneys Serving Massachusetts and New Hampshire
Both Massachusetts and New Hampshire are equitable distribution states. “Equitable distribution” does not mean the court automatically splits marital property 50-50 between the spouses. Rather, the court will consider a multitude of factors when making a fair division of property, including: the length of the marriage, the work history and education of each spouse, the collective debts and assets, and other financial and personal factors.
Similarly, when awarding child custody, the court will consider what is in the best interests of the child. This ultimate custody determination takes into account the age of the children, who the primary care giver is, the financial situation of each spouse, the health of each parent, and other factors. Understanding the financial and legal implications of a divorce is extremely important when dividing marital assets, and determining child custody and visitation arrangements. That way you can take steps to ensure you aren’t burdened by a divorce settlement you’ll later come to regret.
We work closely with clients to protect their personal, financial and legal interests in divorce cases. We take steps early on in the process to ensure that you aren’t taken advantage of or placed at a disadvantage with the court. To schedule a free consultation and learn how we can help you, contact divorce lawyers at Phillips, Gerstein & Channen, LLP today.
Understanding and Preparing for the Impact of Divorce
The family law attorneys at Phillips, Gerstein & Channen represent clients in all divorce related matters, including:
- Division of marital property
- Division of marital debt
- Child custody and visitation
- Child / spousal maintenance
- Closely held businesses and business valuations
- Bankruptcy and divorce
- Qualified domestic relations orders
- Restraining orders
Mediation, Collaborative Law, and Divorce
Spouses who are willing to work together are encouraged to settle their divorce through mediation or the collaborative law process. Both methods allow parties to work toward mutually acceptable agreements regarding the division of marital assets and debt, child custody and visitation arrangements, and all other divorce related issues ranging from who keeps the house to who gets the dog.
In mediation, the spouses meet with a neutral mediator who helps them reach mutually agreeable solutions. Each side may have their attorney present during the mediation process. In collaborative law, both sides are represented by attorneys who sign an agreement beforehand stating that they will not represent their client in any subsequent litigation associated with the divorce. This approach fosters a cooperative environment by removing the imminent threat of litigation and encouraging the attorneys to reach a mutually acceptable agreement.
Since mediation and collaborative law allow you to determine the terms of your divorce, you can avoid going to court and having a judge impose terms that neither you nor your spouse find ideal. In addition, mediation and collaborative divorce are usually less expensive and time consuming. Our attorneys can help clients reach settlements that protect their long-term financial and personal interests.
Contact Divorce Attorneys at Phillips, Gerstein & Channen Today
If you are thinking of filing for divorce or have already been served papers, contact our divorce lawyers at Phillips, Gerstein & Channen, LLP today. We can discuss your situation with you, prepare you for life after divorce, and begin the process of protecting the best interests of you and your children.