When the time comes to sit down and talk about resolving your marital issues, you may wonder whether you can work out a settlement with your future former spouse or will have to go to court. In order to better understand which option may work best for you, it could help to know what a Massachusetts court will consider when making these decisions for you. If you are on the fence about whether to leave your divorce matters to the court or work together for a resolution, knowing the factors courts consider may help.
When it comes to property division, the court considers numerous factors, such as how long you remained married, what each of you can earn on your own, and your prospects for obtaining assets or inheritances in the future. Other factors include what your chosen occupation is and what you may need in the future. The court will want to make sure that neither of you walks away with a lion’s share of the marital estate that may leave the other party at a deficit that makes it difficult to support him or herself post-divorce.
When it comes to child custody, Massachusetts courts continue to advocate for the best interests of the children. This includes ensuring that both parents remain active in the children’s lives unless circumstances make it dangerous for the children or harm them in some way. This may seem like a fairly simple formula, but the court does not know your family as you do and can only make decisions based on the information provided to them and within certain parameters.
How well you and your future ex-spouse get along may dictate whether you need to rely on the courts for the resolution of your divorce issues, or you can sit down and negotiate your own agreement. In either case, knowing your rights and options may help you through the process. A family law attorney can help you make the decisions that will work best for your situation and needs.
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