Family Law Services

You insure your car, your home, your health and your life, but what about your marriage?  Before you say, “I do!” consider getting marriage insurance in the form of a prenuptial agreement or a premarital agreement as it is called in Massachusetts. 

Most people assume that a premarital agreement is only for the wealthy and only protects your assets in case of a divorce.  In fact, a premarital agreement does more than that. It can define the financial roles during the marriage and what happens upon the death of a spouse.

In Massachusetts, it is crucial to know that marital assets are defined very broadly and include assets obtained prior to and during the marriage, by inheritance or solely with funds used by one spouse. Your assets include retirement funds, pensions, business interest, trust interest and intellectual property rights. For example, a spouse’s 401K retirement account earned prior to the marriage is dividable in a divorce depending on the length of the marriage.  

If you would like to protect your retirement accounts, business interest and other assets of yours from begin divided in a divorce, a premarital agreement is the only way to do so.

When a parent is deceased or deemed unfit to raise their child, the state or another interested person can file a Petition for Guardianship for the minor to have a responsible adult act as the guardian on a temporary or permanent basis.  A court does not take away a parent’s right to raise his or her child without due process and will only do so upon a clear finding of unfitness.  In these proceedings the court will often appoint a guardian ad-litem who acts as an investigator to determine parental unfitness and/or whether the proposed guardian is appropriate.  We represent parents, children, guardians and potential guardians in contested court guardianship proceedings.  Our lawyers have an excellent track record for settling these types of case and always seek to avoid a painful and protracted trial process that can strain a family for years.

Going through a contested divorce and/or custody battle is one of the most stressful things you can go through - up there with the diagnoses of a terminal illness and death of a loved one.  At Cape Cod Divorce & Mediation, P.C., our lawyers strive to make the divorce process as easy and straightforward as possible, while providing continual advice and support, especially when a client is in crisis.  

While some cases may be suitable for mediation, many clients simply need the support of the contested case so that a judge can issue temporary orders and police the discovery process.  Approximately 80 percent of the cases that start off as contested cases end up settling to avoid a costly trial. Our lawyers will take the case to trial, if necessary, but the goal is always to settle the case and provide the client with the best possible outcome.

Our firm offers both limited assistance representation (LAR) and the traditional full representation fee structure. Please call our office to schedule a paid consultation to review your situation and provide you with the information you need to understand the facets of your unique case and give you a plan going forward.