Divorce can turn life upside down, especially when legal uncertainty adds stress to an already emotional time. At The Law Offices of Robert P. Luber, we understand how deeply personal this process is—and how important it is to have a trusted divorce lawyer by your side. Whether you’re facing a contested split or working toward a peaceful resolution, our Suffolk legal team offers clear guidance and strong representation every step of the way. Call us today at (978) 634-9479 to schedule your free consultation and take the first step toward protecting your future.
Key Matters Every Couple Must Resolve During a Suffolk Divorce
Divorce is rarely simple. Even when both spouses agree that ending the marriage is the right decision, there are still several legal and financial issues that need to be settled. These decisions can have a lasting impact on your finances, your relationship with your children, and your future stability. If you are preparing for a divorce in Suffolk, knowing what needs to be addressed ahead of time can help you stay organized and avoid unnecessary conflict.
In Massachusetts, a divorce cannot be finalized until certain core matters are resolved. These matters vary depending on whether the divorce is contested or uncontested, and whether there are children or significant assets involved.
Dividing property and debts
One of the biggest decisions in any divorce is how to divide the marital assets and debts. Massachusetts follows the principle of equitable distribution, which means the court aims to divide property fairly, not necessarily equally.
Marital property typically includes:
- The family home
- Cars and other vehicles
- Bank accounts
- Retirement savings
- Investments
- Business interests
- Personal belongings
Debts like mortgages, credit cards, and personal loans are also included in the division process.
The court will consider several factors when dividing property, including the length of the marriage, each spouse’s contributions (financial and non-financial), the conduct of the parties during the marriage, and the future earning potential of each person. Spouses can reach an agreement on their own, but if they cannot, the judge will make the final decision.
Determining child custody arrangements
For divorcing couples with minor children, custody is often the most emotionally charged issue. Massachusetts courts focus on what is in the best interests of the child, not necessarily what each parent prefers.
There are two main types of custody:
- Legal custody refers to decision-making power over education, health care, and religion.
- Physical custody refers to where the child lives.
Parents can share both types of custody, or one parent may be granted sole custody if it is considered best for the child. Judges will examine factors such as the child’s age, emotional ties with each parent, the child’s adjustment to home and school, and each parent’s ability to provide a stable environment.
Creating a detailed parenting plan is crucial. This plan outlines where the child will live, how holidays and vacations will be handled, and how communication between parents and children will be maintained. The court typically encourages shared responsibility when possible, but it must be realistic and in the child’s best interest.
Establishing child support
Once custody is decided, the next step is figuring out child support. Massachusetts uses a standard formula based on both parents’ incomes, the number of children, and the amount of time the children spend with each parent. Other expenses, such as health insurance, daycare, and education, may also factor into the calculation.
Child support is intended to ensure that children receive the same level of financial support they would have if the family remained intact. Payments are enforceable by law, and failure to pay can result in penalties, including wage garnishment, loss of licenses, or even jail time.
Addressing spousal support
Spousal support, also known as alimony, is another financial issue that may need to be settled. Unlike child support, alimony is not automatically awarded. It is considered based on the financial needs of one spouse and the other’s ability to pay.
Massachusetts law outlines different types of alimony, including:
- General term alimony for spouses who were married for a longer period
- Rehabilitative alimony for a spouse who needs time to become self-sufficient
- Reimbursement alimony to compensate for financial contributions made during the marriage
- Transitional alimony to help a spouse adjust to a new lifestyle
The amount and duration of alimony will depend on the length of the marriage, each spouse’s income, age, health, and contributions to the marriage. Couples can agree on alimony terms themselves, but if they cannot, the court will decide.
Handling health insurance and retirement benefits
Divorce can also impact health insurance coverage and retirement plans. If one spouse was covered under the other’s employer-provided health insurance, they may lose that coverage after divorce. In some cases, a spouse can stay on the plan for a limited time through COBRA, but they will need to pay the full premium.
Retirement assets, including 401(k)s, pensions, and IRAs, are also considered marital property if contributions were made during the marriage. Dividing these accounts may require a Qualified Domestic Relations Order (QDRO), a legal document that allows the plan administrator to divide the account without penalty.
These matters are often overlooked at the beginning of a divorce but can have a big impact on long-term financial stability.
Choosing the right legal support
Divorce is not only about ending a marriage—it’s about laying the groundwork for a new life. Reaching agreements on major issues like property, custody, support, and insurance can take time and careful planning. Having an experienced divorce lawyer on your side can reduce conflict and help ensure that your interests are protected.
A skilled attorney can help you understand your rights, prepare documentation, negotiate fair agreements, and represent you in court if needed. Every decision made during a divorce can carry long-term consequences, so getting sound legal advice is critical.
Speak with a Suffolk Divorce Lawyer Who Puts Your Future First
Choosing the right divorce lawyer can make all the difference in how you move forward. At The Law Offices of Robert P. Luber, we’re committed to helping clients in Suffolk navigate divorce with clarity, confidence, and compassion. From custody and support to asset division, we’re here to advocate for your best interests every step of the way. If you’re ready to take control of the next chapter in your life, call us at (978) 634-9479 to schedule your free consultation.
