PRACTICE AREAS

DIVORCE


Few events create greater personal upheaval and stress than divorce. If you are considering ending your marriage or know dissolution is necessary, every decision you make throughout the process may have a lasting, meaningful impact on your life.


Trying to complete a "do-it-yourself" divorce can expose you to costly mistakes and serious regrets. Working with experienced, trustworthy legal counsel is the best way to protect your rights. At Simonds Family Law & Mediation, PLLC, a long-standing family law firm serving the Greater Boston area, we strive to provide the utmost in attentive, cost-efficient divorce representation and other family law services.


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DIVORCE & FAMILY LAW MEDIATION


People at the beginning of the divorce process are rightfully concerned about the tolls the process will take both emotionally and financially. In a high percentage of cases, disputed issues can be resolved through mediation, rather than drawn-out negotiations or litigation. 


If you are concerned about the time, cost and the impact of your divorce on family members — or you want to reach a quick, affordable and thorough agreement in your divorce or another family law matter in the Boston area — Simonds Family Law & Mediation, PLLC, is an excellent choice. You will also find helpful information in our attorneys' articles on:



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COMPLETE FAMILY LAW SERVICES


Attorney Simonds’ comprehensive and diverse experience provides clients with many options and perspectives on family law concerns of all types.


Talia Simonds clerked for a New York family court judge early in her accomplished career, as well as working for the Department of Revenue, Child Support Enforcement Division, under a federal grant to streamline the child support modification process. Attorney Simonds is also a certified Guardian ad Litem and Parenting Coordinator, which assists her in representation of parents, whether in mediation or litigation.


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CHILD CUSTODY, PARENTING TIME, PARENTING PLANS & CHILD SUPPORT


When married parents divorce or unmarried parents establish parentage, child custody and child support are very important issues. The orders issued typically impact parent-child relationships and the financial resources of all those involved for many years to come.


At Simonds Family Law & Mediation, PLLC, we help our clients understand relevant Massachusetts laws and protect their children's interests as well as their own.


Attorney Simonds is able to draw upon her experience as a Guardian ad Litem, Parenting Coordinator, and ARC Counsel in representing parents to provide a wide breadth of expertise in developing a custody and parenting plan.


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ALIMONY & ALIMONY REFORM


Massachusetts laws governing alimony are not well understood by the general public, and the enactment of the Massachusetts Alimony Reform Act in 2011 brought major changes to these laws for the first time since the 1970s. If alimony — sometimes called spousal support or maintenance — may be awarded in your divorce, or you need to know if you can obtain an alimony modification (or termination), our lawyers will analyze your situation and provide clear, accurate legal guidance.


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PROPERTY DIVISION


Aside from custody and other issues directly involving children, how property and debts will be divided is the issue most likely to cause substantial conflict in a Massachusetts divorce. It is essential to prepare thoroughly and make every attempt to reach a fair settlement without trial. Everyone facing divorce should be wary of spending more fighting over assets than those assets are worth.


At Simonds Family Law & Mediation, PLLC, we guide men and women of all ages and wide-ranging economic circumstances through every aspect of divorce. Attorney Simonds is diligent in gaining a clear financial picture in each case, so that we can align our efforts with our clients' unique priorities. We help our clients keep legal costs in full view so that they can make sound, confident decisions regarding marital property and all other issues.


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COMPLEX FINANCIAL MATTERS


Massachusetts law governing the equitable distribution of property provides broad discretion to judges and, in some cases, plenty of room for disputes between divorcing spouses. If you have significant wealth or specific, complex assets that you wish to protect, thorough preparation and experienced counsel are essential.


At Simonds Family Law & Mediation, PLLC, we help clients understand relevant laws and educate them about the many financial ramifications and impacts of divorce. Attorney Talia Simonds has helped hundreds of people resolve disputed issues through negotiation and mediation. When complex financial matters demand rigorous research and advocacy in court, we deliver exactly that.


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HIGH NET WORTH DIVORCES


All divorces can be stressful and important to spouses facing a divorce. However, handling divorces with a high asset value has some additional inherent complexities that not all spouses, or even all attorneys, are aware of. 


When addressing high asset divorces, there are complicated issues that have to be addressed within alimony, property division, taxes, life insurance, and even child support. In handling such divorces, it often requires the attorney to review a large volume of documentation, particularly financial documents. Because these documents can be highly technical, a knowledgeable divorce attorney typically takes a “team” approach to such divorces, and includes financial professionals in the management of such a divorce. These financial professionals can include a business appraiser, forensic economist, tax professional or accountant, financial planner, and/or certified divorce financial analyst (also known as a CDFA). 


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PRENUPTIAL & POSTNUPTIAL AGREEMENTS


People across a broad spectrum of age and economic circumstances have important reasons to consider creating prenuptial agreements when they marry (or remarry). A couple may also determine at some point during their marriage that a postnuptial agreement is necessary, often due to heightened concern about possible divorce or various financial developments.


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SAME-SEX COUPLES' FAMILY LAW


It has been almost 20 years since Massachusetts began issuing marriage licenses to same-sex couples, same-sex divorces have also become somewhat common. Gay and lesbian couples whose marriages break down face all the personal, emotional and financial challenges associated with "traditional" divorce. We help our clients address these matters every working day.


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PATERNITY


When children are born to unmarried parents in Massachusetts, the mother, father or both parents often have compelling reasons to establish paternity through a formal legal process. This is an essential step for mothers who need to obtain child support orders, as well as for men who want certainty regarding a child's biological parentage and/or the right to seek custody and/or parenting time (a/k/a visitation). 


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MODIFICATIONS


Court orders in divorce cases and other family law matters are based on the circumstances that exist at that point in time. Significant life changes are bound to occur for both parents and children in the years that follow. When a change in circumstances is significant, financially or personally, it may be necessary and appropriate to petition the court for a modification.


After a job loss or other major change in your financial circumstances which impacts your ability to pay alimony and/or child support, you need knowledgeable and reliable information on your legal rights and responsibilities as soon as possible. When your circumstances in life change, and that change impacts the current parenting plan between you and your children, it is important to know what remedies you have to modify the existing custody and/or parenting time orders to reflect and align with your current circumstances.


Or other times your family circumstances have changed, and it is necessary to modify the custody or parenting plan for your children. 


At Simonds Family Law & Mediation, PLLC, Attorney Talia Simonds will assess your situation, offer clear guidance on whether a modification is justified and guide you through all required legal steps.


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CONTEMPT/ENFORCEMENT


What legal recourse do you have when your ex-spouse refuses to comply with the terms of your divorce decree or the parent of your child does not meet his or her child support obligations? What happens when your co-parent denies you parenting time? When negotiations are ineffective or not possible, it is often necessary to file a complaint for contempt in the appropriate Massachusetts court.


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DOMESTIC VIOLENCE/RESTRAINING ORDERS


Domestic violence is a serious, pervasive problem that affects people of all ages, across the full spectrum of cultural and economic circumstances. If you have been abused or you fear for the safety and well-being of children, there is no time to lose in seeking highly engaged, well-qualified legal counsel. The same is true if you are accused of any form of domestic violence.


Massachusetts law provides for the issuance of 209A protective orders — sometimes called abuse prevention orders or "restraining orders" — intended to stop, deter and prevent domestic violence. These are enforceable civil orders that may forbid contact with the accuser and certain other actions, independent of any criminal charges or penalties. At Simonds Family Law & Mediation, PLLC, our dedicated family lawyers respond quickly and effectively to all client concerns surrounding such orders.


Other options for issues relating to domestic violence include a Domestic Relations Protective Order (sometimes also called a DRPO) or a Motion to Vacate the Marital Home.


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REMOVAL/PARENTAL RELOCATION


One of the most complex, contentious situations that can arise after divorce — or between unmarried parents with custody, parenting time on and support orders in force — is the primary custodial parent's desire to move away with a child. It is common for a parent to decide that relocation would be best for him or herself and for children, often due to better job opportunities, closer proximity to extended family or other reasons.


Having sole or primary physical custody does not entitle a mother or father to move children outside of Massachusetts without the other parent's consent or a court order. While there is no specific statute governing child removal to another location within the Commonwealth, a move of any significant distance may justify modification of custody and parenting time, support and certain other orders.


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PARENTING COORDINATOR


Parenting Coordinators are becoming increasingly popular for divorced or separated co-parents. A Parenting Coordinator is a family law attorney or mental health professional who works divorced and separated parents to “referee” disputes about custody and co-parenting. In most cases, the Parenting Coordinate has the authority to step in the shoes of the judge and resolve disputes with the same authority the judge has. Although parents will always have the right to have a Probate and Family Court judge address a co-parenting dispute, PC’s are becoming more popular amongst co-parents, because there are something that a Parenting Coordinator can do that a judge can’t. 


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