What Issues are Involved in a Massachusetts Modification Case?

Once a Massachusetts court enters a judgment in family law case, the parties must obey its provisions unless and until they are modified by the court. If something changes after the judgment is entered, such as a job loss or change or changes in the lives of parents or children, the question of what action to take arises. If the change is significant and long-term, then bringing a modification case should be considered.

If a modification case is filed, the court will consider the following:

  • What was ordered?
  • What changes have occurred since the entry of the judgment? Are they significant and long-term? Please bear in mind that the court is very busy and cannot get bogged down with what might reasonably be considered minor or short-term changes and will not get involved in an attempt to review a judgment already made based on the same or similar circumstances.

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What Issues are Involved in a Massachusetts Contempt Case?

Once a Massachusetts court enters an order or judgment in family law case, the parties must obey its provisions unless and until they are modified by the court. If one of the parties does not, either by not doing something that the party is supposed to do or by doing something that the party is not supposed to do, the question of what action to take arises. If the act or failure to act is causing a significant or on-going problem, then bringing a contempt case should be considered.

If a contempt case is filed, the court will consider the following:

  • What was ordered? It is clear and unambiguous? If it is not, then a modification case seeking to clarify the order, not one for contempt, might be more appropriate and looked upon more favorably by the court.
  • How is that order being violated? Please bear in mind that the court is very busy and cannot get bogged down with what might reasonably be considered minor or one-time infractions.

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What issues are involved in a Massachusetts paternity case?

There are many issues which can be involved in a paternity case. Some cases may involve many of these issues and others may involve only one or two. Please browse the following pages to learn more about your potential rights and obligations:

Parenting issues:

Financial issues, children:

It is important that you explain your family’s specific circumstances to an experienced family law attorney such as those at the Law Office of Frank Gaynor to explore fully and protect your legal rights. Please contact us to obtain advice pertinent to your particular situation.

What happens in a family law case?

What happens in a family law case depends on how many issues the parties can reach an agreement, either by themselves or with the assistance of knowledgeable attorneys. Ideally, all major issues can be resolved amicably and the case can proceed as an uncontested divorce. In many cases, however, there are some issues which are not readily resolved and which will require that the case proceed as a contested divorce; as such a case progresses, however, the parties can always reach an agreement and the case can become an uncontested one.

What happens in an uncontested divorce and family law case?

If parties are able to communicate with each other, either alone or through attorneys, it is a good idea to pursue the case as possibly uncontested, at least until it becomes obvious that court intervention is going to be necessary. Experienced attorneys can often guide clients through the maze of emotionally charged issues involved in a family law case and help the parties understand their respective rights and obligation and reach a settlement. This is the most cost-effective way to begin and should not be abandoned unless it is clearly not working.

Typically an uncontested case involves the following steps. Although it is possible to following them pro se, i.e. without an attorney, given the ramifications of having an agreement become a court order and therefore binding on the parties, experienced legal advice should be obtained as early as possible in the process. [Read more…]

What happens in a contested divorce and family law case in Massachusetts?

There are some cases which do not lend themselves to an amicable resolution. Either the parties cannot communicate or, if they do, they do not trust what the other says or agree with it. Given the magnitude of the issues involved in a family law case, including those related to parenting, support, and the division of marital assets and liabilities, and the likelihood that the parties have strong feelings about how those issues should be decided, conflict is common. If the parties cannot resolve their differences themselves, they will have to turn to the court for decisions.

A contested case can involve the following steps. Although it is possible to pursue a contested case pro se, i.e. without an attorney, experienced legal advice should be obtained as early as possible in the process, particularly if the other party is being represented by an attorney. While cost is a consideration, it should not be the only one, especially given the importance of the issues involved and the long-term impact of decisions which will be rendered by the court. [Read more…]

What issues are involved in a Massachusetts divorce case?

There are many issues which can be involved in a family law or divorce case. Some cases may involve many of these issues and others may involve only one or two. Please browse the following pages to learn more about your potential rights and obligations:

Parenting issues:

Financial issues, children:

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