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Family Law
Family Law Lawyer In Worcester Assisting Clients With Legal Issues
The Law Office of Polly Tatum is a family law and divorce mediation firm serving all of Worcester and surrounding areas. They help people protect what they care about most. They can help you divorce with dignity, without going broke! Separation agreements, divorce mediation, child custody, alimony — whatever your specific family situation requires — they can help.
As with most things in life, the more prepared you are, the better off you’ll be. Whether you have already begun working through your family law matter or you are still in the beginning phases, you have come to the right place. With her focus on the attorney-client relationship, you’ll know you are not alone and that they are here to help you succeed and protect what you value most.
Family law matters are among the most emotionally overwhelming legal issues a person can face. If you’re contemplating divorce, or need help resolving issues on separation, alimony, child support, child custody, or you wish to protect your financial future with a prenuptial agreement, a Worcester family law attorney can help. With over 24 years of experience and over 4000 cases mediated, the Law Office of Polly Tatum can take on your family law case. Give them a call at (508) 795-1557(508) 795-1557.
What Is Family Law?
Family law is a legal practice area that is focused on family relationships and the legal transactions that are involved in family matters of marriage, divorce, the division of assets, and the custody and financial support of children. Family law attorneys represent clients in both contested and uncontested divorce proceedings, child custody hearings, alimony and child support modification requests, prenuptial agreements, and other legal matters pertaining to the family.
What Can A Family Law Lawyer Help With?
Many of the relationships that exist between members of a family require contracts and agreements. A family lawyer can help create those contracts and agreements and file them in court, as well as represent their clients in litigation involving the dissolution of marriage, the division of assets, or the allocation of support. A family lawyer assists in the following family legal matters:
Divorce
Divorce is a complex issue—particularly if there are assets to be divided and children to be provided for. While Massachusetts is a “no-fault” state concerning divorce, meaning neither party has to prove that there is a reason why the marriage should end, it is easy to overlook the complexities of the state’s divorce law. A Worcester family law attorney can provide both the experience necessary to ensure that every provision that needs to be made with the dissolution of your marriage has been included, and the objective view that is needed to make decisions on important matters about child custody, spousal or child support, and the division of assets.
Separation
Massachusetts does not have a procedure for “legal separation.” However, the state does have a process called a separate support lawsuit that can be filed to ensure support for you and your children and to prevent your spouse from limiting your freedom. Separate support is a different procedure than divorce and is available in situations where your spouse has failed to support you and has either deserted you, is living separately from you for a justifiable cause, or should be living separately from you for a justifiable cause. The state considers justifiable causes to include abuse, adultery, or desertion.
Alimony
Alimony is a form of payment that is paid to a spouse in need of support by a spouse who can pay. There are four common types of alimony paid in Massachusetts, including:
General term alimony-is paid regularly to a spouse who was financially dependent on the other spouse during the marriage. The time in which these payments are made depends on the length of the marriage.
Rehabilitative alimony-is temporary alimony paid to a spouse who is expected to gain the ability to support themselves within a short period.
Reimbursement alimony-is ordered for no more than five years for one spouse to repay another for assistance, such as helping the spouse obtain an education.
Transitional alimony-is a temporary form of alimony awarded to a spouse for some time so they can have the opportunity to settle into a new lifestyle or location.
Child Support
Massachusetts law requires that both parents provide support for their children. Child support refers to a payment that is provided by the non-custodial parent to the primary caregiver. An experienced Worcester family law attorney can assist you in completing the often complex worksheets involved in determining child support.
Child Custody
Courts make decisions on child custody under which parents can provide the care that is in the best interests of the child. There are four types of child custody in Massachusetts, including:
Sole legal custody- one parent is responsible for making legal decisions for the child, including decisions regarding where the child attends school or whether they have a medical procedure.
Joint legal custody- both parents share the responsibility of making legal decisions for the child.
Sole physical custody- means the child lives with one parent while the other parent has visitation rights.
Joint physical custody- the child spends periods living with each parent separately.
Prenups
Prenuptial agreements are contracts entered into by individuals who are planning to marry. This contract is to be enforced if the marriage ends in divorce and includes provisions to determine:
- Division of marital property.
- A specified amount of spousal support.
- How debts, health insurance, and life insurance will be handled.
- How the children of previous relationships will be treated concerning the assets of their parents.
How Controversial Can Family Issues Get?
Family law can be both emotionally and financially draining, as it often requires individuals to deal with some of the most personal and sensitive aspects of their lives. However, family law disputes can also be incredibly complex and contentious, particularly when children are involved. If you are facing a family law issue, it is important to have an experienced Worcester family law attorney by your side.
At the Law Office of Polly Tatum, we understand how difficult and overwhelming dealing with a family law issue can be. We are here to provide you with the compassionate and effective representation you need to resolve your issue as efficiently as possible. Contact our office today to schedule a consultation.
How Can I Find The Best Worcester Family Law Attorney For Me?
Selecting the right attorney is an important decision. You want to be sure you are hiring someone with the experience, knowledge, and compassion to help you through this difficult time. The Law Office of Polly Tatum can help you protect your rights to have a relationship with your children and to be treated fairly in your divorce. Contact us at (508) 795-1557(508) 795-1557for more information about the services we provide during family law cases.
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Frequently Asked Questions
What Can An Estate Planning Lawyer Do For Me?
Estate planning lawyers can help you with a wide variety of legal matters, including wills, trusts, probate, and estate administration.
What Does An Elder Law Attorney Do?
An elder law attorney can help with any legal issues that come up with regard to yourself as you age or an older loved one. These issues can include things like planning how to pay for long-term care, making sure that long-term care is appropriate and that no abuse or neglect is occurring, and helping with things like trusts that can ensure our elderly loved ones are provided for.
Do I Need More Than Just A Will?
While a will can take care of some very basic aspects of your estate, like distribution of some assets and guardianship of minor children, it cannot do things like designate a trusted person to make medical or financial decisions for you if you are unable, make your wishes known as to your medical care at the end of life, or provide managed financial benefits for special needs family members, for example. A will is essential, but it is rarely enough to take care of things should you become incapacitated or die.
How Much Does It Cost To Hire An Attorney?
The cost of hiring an attorney depends on the type of case you have and the amount of work that is required. In most cases, we offer a consultation so that you can get an estimate of the cost of our services. Contact us today to schedule a consultation.
How Is Medicaid Different From Medicare?
Medicare is a government-funded insurance program that covers some or all of the costs of certain medical procedures for qualified participants (generally, the elderly or disabled). Medicare does not cover the costs of long-term care. Medicaid, on the other hand, is a government entitlement program that can cover the costs of long-term care for those who meet certain income and asset qualifications.
What If We Don’t Qualify For Medicaid?
Medicaid eligibility planning is best started long before anyone in your family needs long-term care, but even if that planning has not been done in advance, there are some ways to make eligibility more likely while still protecting the assets of a spouse who does not need long-term care, for example. Contact our office, even if you think you won’t qualify for Medicaid. We may have options to suggest.
Why Is An Estate Plan Important?
An estate plan is important because it allows you to control what happens to your property and assets after your death. Without an estate plan, the court will decide how your property is distributed, which may not be in accordance with your wishes. An estate plan can also help you avoid probate, which is a costly and time-consuming process.
Why Should I Hire The Law Office Of Polly Tatum?
The Law Office of Polly Tatum is an experienced team who is ready to help you. Our firm has a wide range of experience in estate planning, probate and trust administration, elder law, and divorce and elder mediation. An experienced law firm with a good track record can help you get the legal help you deserve.
How does Massachusetts estate planning address guardianship for minor children?
Parents can name a guardian for their minor children in their will. This designation becomes effective upon the parents’ death, subject to court approval. Massachusetts law outlines the process for appointing a guardian, a crucial task for ensuring that someone you trust will care for your children if you pass away.
Are there estate taxes in Massachusetts, and how can they affect my estate plan?
Massachusetts imposes an estate tax on estates exceeding $1 million. The tax rate varies depending on the size of the estate. Proper estate planning, including the use of trusts and charitable donations, can help minimize estate taxes and preserve more of your wealth for your heirs.
What are health care directives and why are they necessary?
Health care directives, including living wills and healthcare proxies, are legal documents that communicate your medical care preferences if you become unable to make decisions yourself. Under Massachusetts General Laws Chapter 201D, a health care proxy allows you to appoint someone to make healthcare decisions on your behalf, aligning your medical treatment with your wishes.
Why is a power of attorney important in estate planning?
A power of attorney (POA) is a document that allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. Massachusetts law provides for durable power of attorney, which remains effective even if you become mentally incapacitated, ensuring that the person you designate will manage your affairs according to your wishes.
How does the probate process work in Massachusetts?
Probate, governed by the Massachusetts Uniform Probate Code (Chapter 190B) is the legal process of validating a will, settling debts, and distributing the deceased’s estate. The process can be simplified for smaller estates, but generally involves filing the will with the local probate court, notifying heirs and creditors, and distributing the estate according to the will or state law.
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