Divorce Litigation:
Christopher Carbone has over 18 years of litigation experience representing clients through the entire divorce process. Whether its something as important as filing the initial complaint, as complicated as moving through advanced discovery or something as elementary as first discussing the divorce with your spouse, Attorney Carbone will advise you every step of the way. Attorney Carbone has extensive experience of Temporary Orders, Emergency Motions, Orders for Separate Support and other matters that help stabilize the parties while they are going through
the divorce process.
Contempt Actions:
Not every case ends even when divorce is ultimately granted. Unfortunately, many ex-spouses and non-custodial parents believe that the rules do not apply to them or that they can talk their way out of their obligations. Attorney Carbone knows how to make belligerent litigants live up to their court-mandated obligations. Most notably, Attorney Carbone has extensive experience with complaints for contempt where in the wrong-doing party must explain to the court why he or she has not lived up to their obligations. If found in contempt, Attorney Carbone can not only secure the funds in arrears but also win costs and attorney’s fees in certain instances.
Modifications Actions:
Not every ending is final. Many times, parties seek to amend or modify their agreements with the Court. Sometimes parties lose jobs and need to have their alimony or child support payments altered. Parties remarry or have other changes or circumstances.
Here are a few examples of reasons to modify a Separation Agreement or a Divorce Judgment:
A. Modification of Alimony:
Sometimes a Separation Agreement will allow for a reduction (or even termination) of alimony if there has been a material change in circumstances such as unemployment, illness, remarriage of the alimony recipient or retirement. This section of the law will become far more prominent due to the change in the alimony statute which went into effect in March 2012.
B. Parenting Time:
Developing and adhering to reasonable parenting time can be one of the most stressful parts of a divorce, most notably because the divorced parties must have contact with each other; this can be a potential source of friction. While most parents make a determined effort to keep visitation, some parents simply cannot be counted on. A party seeking to reduce parenting time based upon parental indifference need court authorization. Further, if a parent feels that their parenting time is being curtailed, abridged or in some cases outright cancelled they should seek court intervention.
C. Permanent Removal of Child from the Commonwealth:
Unlike some states, Massachusetts has a relatively undemanding test to remove children, permanently, from the Commonwealth. The custodial parent need only show that there is some advantage in the child moving out-of-state, even if the non-custodial parent will have little or no contact with the child after such removal. Parents fearful of their children's removal from the state need a dedicated attorney with this specific experience to help them in defeating such moves if possible. Conversely, custodial parents still need to satisfy all the legal requirements for such removal.
Mediation:
From time to time a divorce can be mutual and it does not need to be litigated. Mediation is where both sides negotiate their case before Attorney Carbone and attempt to reach a final agreement that can avoid the long, drawn out litigation process before a largely uncooperative court system.
Prenuptial Agreement:
Prenuptial agreements are contracts entered between people planning to get married. The purpose of the agreement is to define for the couple what the disposition of their financial assets will be in the event of divorce or death. In order to be valid, a prenuptial agreement must be executed prior to the wedding. Both parties should have legal counsel and there needs to be a full financial disclosure of all assets of the parties. The agreement will ordinarily be enforced if it is executed properly and there is no fraud or duress involved in its execution.