Michaud Law Group is here to help if you are in need of assistance with a family-related legal issue. Whether you are entering a marriage, dissolving your marital union, or seeking rights as a parent, we can help you with what can sometimes be tricky or difficult legal situations.
We handle a number of family law matters, including, but not limited to the following:
At the Michaud Law Group, we can help you to understand your legal rights and benefits as a spouse, create pre-nuptial & post-nuptial agreements, what constitutes “community property”, name changes, foreign spouse issues, and specific state marriage license requirements.
Navigating a divorce is often complicated and can be both emotionally and financially draining. It is important to have an experienced divorce attorney to help you protect your financial assets and legal rights during this crucial and painstaking time and to ensure that you have an outcome as favorable as possible for both you and your family. The Michaud Law Group will confidently assist you with common divorce issues such as settlement agreements, temporary court orders, division of property and finances, creating a parenting plan, child custody/support and spousal support while at the same time trying to lessen the emotional roller coaster that divorce can be in the smoothest way possible. Divorces don’t need to be filled with antagonistic encounters and embroiled court battles, and at the Michaud Law Group we try to minimize the time spent in court where the wait to be go before a judge can be incredibly long due to the backlog of cases facing family court judges. Mediation is an alternative that may be considered if both parties wish to find an amicable end to their union and is strongly advised for most divorces where the issues and financial status are easily identifiable. In the end, we will do everything in our power to make sure that when your divorce is complete, you are satisfied with the result and that your family is able to move forward with a more bright future.
When children are involved, there is nothing more important than determining the legal and physical custody issues involving your children. Our attorneys will assist you with creating and finalizing a parenting agreement and a visitation schedule that is both fair and equitable and suits your particular family situation. Not all family arrangements are alike, and we will take care to listen to the specific needs that will best suit your family and best interests of your children.
The lawyers at the Michaud Law Group will work with you individually or with your soon-to-be- former spouse to set child support obligations and/or resolve legal disputes over child support. We are also able to help you obtain an initial child support order, a modification of a support order, and/or collection of unpaid child support.
As a parent, you have the right to participate in the upbringing of your children. As such, we are dedicated to helping you and your spouse create a visitation agreement that you can both agree upon. Your children are the most important people in your world, and they are also the most important people in your divorce case. Your children’s best interests are at the forefront of any visitation agreement and you can rest assured that we will work tirelessly to create an agreement that is mutually agreeable to both parents. If you have been refused visitation and are unsure of what your options are, now is the time to contact the Michaud Law Group. Although we strive to come to visitation agreements together with the other side, we are fully prepared to protect you and your family through aggressive litigation, if necessary.
Property Rights and Division
You likely have concerns with how you and your spouse will separate your assets as your marriage is dissolved. Many things go into dividing up property during a divorce – property is not necessarily split 50-50. Legally, your property can be divided however you and your spouse see fit. If an agreement is unable to be reached, however, the court may step in and make that decision for you. “Marital property” generally refers to any property and/or assets that were accumulated during your marriage. There are exceptions to this, however, and the lawyers at the Michaud Law Group can help you determine what, if any, property owned prior to your marriage may fall into the “marital property” category. You have a right to keep property that is legally yours – be it property, heirlooms, objects, and so on – and we consider it our duty to make sure that your rights are upheld.
There are several areas that are considered when dividing property. For example, the duration of the marriage, the contributions of both spouses to the marriage and to each other’s career or education, and the best interests of minor children are all considered carefully as assets are divided. Dividing up property can often result in a tense, emotional battle between spouses, but we will work closely with you to ensure a fair and reasonable splitting of your assets. If it appears to be impossible to reach an amicable agreement with the other side, we are fully prepared to take your case to trial and to aggressively protect your legal rights.
If you suspect that your spouse is hiding assets or is not truthfully revealing his/her true earnings, do not hesitate to let our firm legally uncover the true financial status of your spouse so that your financial well-being is protected.
Depending on the financial circumstances of a divorce, alimony (also referred to as spousal support, support or maintenance) may be collected by either an ex-wife or an ex-husband. This allows for an ex-spouse to continue receiving financial support from the other spouse following the dissolution of marriage. The amount of alimony that one spouse has to pay the other is based on a number of factors. For example, the duration of the marriage, contributions of each spouse to the marriage, financial resources of each person, standard of living maintained during the marriage, and the physical or emotional condition of each person would be carefully considered when determining an alimony agreement.
If you are currently required to pay Alimony to your spouse and are contemplating marriage with your new significant other, please contact our attorneys to discuss the legal implications imposed by the laws of the Commonwealth of Massachusetts before taking what you thought was a simple step by marrying someone you love and cherish. The alimony obligations can be dramatically impacted by decisions you make.
Recovery of Attorney’s Fees
We understand the financial and emotional drain that hiring an attorney can cause, but we also know how necessary it is to obtain proper counsel in order to ensure that your rights are upheld throughout the dissolution of your marriage. Although the retaining client is ultimately responsible for any attorney’s fees, it is important that both sides have access to equal representation. Because of this, it is possible in certain cases for a disadvantaged spouse to request that the other party pay for some or all of the attorney’s fees he/she incurs as a result of the divorce. As awards for attorney’s fees are based on need, it is common for neither party to receive fee compensation if both you and your spouse have equal opportunity (financially) to hire an attorney. There are, however, many cases where spousal income differs greatly. In cases such as these, such as where one spouse was the primary breadwinner while the other cared for the home and family, it is more likely that the spouse with the greater income would be required to pay for the other’s attorney’s fees. The Michaud Law Group can discuss your unique situation with you in order to determine how to best approach your particular case.
Whether you and your spouse plan on getting a contested or un-contested divorce, a flat-fee legal agreement with an experienced divorce attorney may be your best bet.
If you and your spouse have mutually agreed to end your marriage and are prepared to do so in a congenial, timely manner, a flat-fee divorce is your most cost-effective option. This type of divorce is for people who have already agreed on all aspects of their separation and who have no issues (i.e. child support, alimony, custody, division of property, etc.) that need to be resolved. At the Michaud Law Group, we can help you and your spouse fulfill all the requirements necessary to obtain an uncontested divorce in the least expensive way possible. Ultimately, it will likely save you time and money to hire an attorney to help you
through this process.
It is possible that as the divorce is proceeding, you and your spouse may discover that you are actually not on the same page. If you realize at any time that a flat-fee uncontested divorce agreement will no longer work for you, our experienced attorneys will be able to change course with you and help you navigate the waters of a contested divorce.
If you began the divorce process on your own and have since encountered a problem or complication you can’t seem to sort out, we are happy to help you navigate the remaining aspects of your divorce. A flat-fee divorce is the clear choice for individuals in this situation, as our expert attorneys are skilled at clearing up any confusion and getting your divorce back on track.
Military divorces follow different laws and statutes than civilian divorces. There are unique laws and guidelines that affect military divorce, including allowing divorce proceedings to be postponed for the period of time that the active service member is on duty. If you are considering a military divorce, it is important that you work with a divorce lawyer, like those from the Michaud Law Group, who have the knowledge needed to handle this specific type of divorce case.
No matter what the state of your marital situation, no one (husband or wife) deserves to be verbally or physically abused. Whether you are considering a divorce or not, we are here to protect your rights and to ensure that you and your family are safe. We can help you obtain a protection order from the court if you, or a member of your family, is being abused by someone else in your family. We are experienced in obtaining restraining orders in the quickest and best manner with the goal of achieving a safe, happy environment for you and your family. We are here to help guide you through this challenging time. Helping you stand up for your rights is a job we take very seriously.