At Swanson & Moors, LLC, Brockton Divorce lawyer Kelli S. Moors focuses her practice in the area of Divorce and Family Law, including Contested Divorce. Attorney Moors provides practical yet compassionate advice and advocacy to assist clients undergoing both contested and uncontested divorce. From simple, no asset cases to more complex high asset and child custody cases, Attorney Moors has extensive experience in the family law practice and can assist her clients in making informed decisions about their cases, their family and their lives.
When a Divorce is contested, what is already a stressful and emotional situation can become even more difficult to deal with it. At Swanson & Moors, LLC, we provide strong representation in contested Divorce cases.
A Divorce is contested when both parties are unable to agree on all required terms for finalizing a Divorce pursuant to Massachusetts law. The parties may agree that they want a divorce and the parties may agree on several issues but if the parties do not agree on all of the issues, a contested Divorce must be filed.
Massachusetts law requires full financial disclosure from both parties prior to an Agreement being approved by the court. Certain financial disclosure known as Rule 410 are mandatory in Massachusetts and include 3 years of bank statements, 3 years of tax returns, 4 most recent pay stubs, 3 years of retirement account statements and copies of any loan or mortgage applications prepared within 3 years of the filing of a Complaint for Divorce.
A contested Divorce case may involve a more comprehensive discovery process, during which attorney for each spouse have the opportunity to obtain financial information regarding the other. Common discovery procedures include:
- Requests for Production of Documents
Commonly Contested Issues In Divorce Cases
Divorcing parties often disagree regarding child custody, child support and parenting. If parents are unable to agree regarding these issues, the court will render a decision based upon the best interest of the children involved.
Other commonly litigated issues in a contested Divorce involve payment of alimony and the division of personal property, real property and liabilities. Massachusetts in an equitable division state meaning that all property and liabilities are divided equitably but not necessarily equally between the parties taking into consideration:
- Length of the marriage
- Age, health, station and occupation of the parties
- Amount and sources of income for each spouse
- Vocational skills
- Estate of the parties
- The present needs of each of the parties
- Opportunity of each for future acquisition of capital assets and income
- Conduct of the parties
If at any time during the pendency of a contested divorce, the parties reach an agreement on all contested issues, a Separation Agreement can be drafted and counsel request an uncontested hearing date to finalize the parties Divorce action.
Let Swanson & Moors, LLC Help You Today
If you are contemplating divorce, you can’t afford to pass up a free consultation with an experienced attorney. Contact Swanson & Moors, LLC today.
Swanson & Moors, LLC services all of Plymouth County, Bristol County, Norfolk County, and Barnstable County.