Frequently Asked Questions About Family Law

Divorce is more than just a legal process—it’s a life transition, and it can feel overwhelming, especially for busy professionals and high-net-worth individuals. Whether you’re managing a demanding career, navigating complex financial assets, or facing a child custody dispute, having the right legal team by your side makes all the difference. Our team is here to provide legal insight, practical advice, and guidance through each step of your divorce. 

We’ve answered some of the most common questions we receive, but every divorce is unique, and we’re here to offer personalized solutions tailored to your specific needs. Contact us today for a complimentary screening with one of our trusted intake specialists, and let us help you take the first step toward a brighter future.

FAQs:

What happens to my business if I get a divorce in Massachusetts?

If you started or acquired a business during your marriage, it’s likely considered marital property. In a divorce, the business will be evaluated and divided fairly, though not necessarily equally, under Massachusetts’ equitable distribution laws. The court looks at factors like how much each spouse contributed to the business, whether one spouse was more involved in its day-to-day operations, and how the business might affect the future financial stability of both parties.

Besides just splitting the business’ value, there are other complexities involved, such as determining its current market value, assessing intellectual property or goodwill, and understanding the impact of a buyout from one of the spouses versus a continued partnership. For instance, if your spouse has a stake in the business, you may need to either buy them out or consider selling the business altogether to divide the assets. 

Having a skilled team to navigate the complexities of business valuation, asset protection, and negotiation is crucial to making sure your financial future remains intact. At Farias Family Law, we work closely with financial experts to help ensure your business is protected and that your divorce settlement is fair, equitable, and considers the long-term viability of your business.

How is child custody determined in Massachusetts?

In Massachusetts, child custody decisions are focused on the child’s best interests. The court considers factors such as the child’s emotional needs, the ability of each parent to provide a stable and loving home, and the existing relationships between the child and each parent. Additionally, if the child is old enough, the court may also consider their preferences on where they want to live.

Massachusetts courts are open to a shared custody arrangement, encouraging both parents to play an active role in the child’s life. This often means creating a parenting plan that clearly outlines how each parent will divide responsibilities like schooling, healthcare, and visitation schedules. In some cases, however, the court may award one parent primary physical custody if it’s deemed to be in the child’s best interest, while the other parent may have visitation or joint legal custody.

Every family is unique, so the specifics of your custody arrangement may vary based on your circumstances. If there are factors like substance abuse, domestic violence, or a history of neglect, the court will take those into account when making its decision. At Farias Family Law, we help guide parents through this process, advocating for your rights while working to create the best possible arrangement for your children’s future.

How can I protect my assets during a divorce in Massachusetts?

Your property and other assets are going to be key issues in your divorce. In Massachusetts, assets are divided based on the principle of equitable distribution, meaning the division is fair but not necessarily 50/50. This can be complex for couples with significant assets, such as a business, property, or investment portfolio.

First, make sure you have a clear understanding of what you own. This includes everything from your primary residence, retirement accounts, and real estate, to more complex assets like stocks, business interests, and intellectual property. Everything must be accurately valued so that both parties have a clear picture of the marital estate.

It’s also crucial to keep track of any premarital assets (assets you owned before the marriage) or gifts and inheritances that might be considered separate property and not subject to division. 

At Farias Family Law, we work closely with financial experts to ensure that our clients have everything accounted for and that property is fairly and accurately divided. This helps to minimize the financial impact of the divorce. Our team is committed to making sure that you’re set up for long-term financial stability.