Family Law FAQs
Going through any legal matter can be a very overwhelming and stressful experience. Having a family attorney by your side will help you navigate the complexities of the law. The team at Zawada Family Law is proud to provide legal services to clients across Worcester, Shrewsbury, Holden, Westborough, Auburn, MA, and the surrounding regions. Whether you’re looking to file for divorce, amend a visitation agreement, or draft a custody order, we’re here to help. No matter the nature of the issue, trust our family lawyer to guide you through the process. If you’re interested in learning more, feel free to browse some of our FAQs below.
- All
- Alimony Modification
- Child Custody
- Child Support
- Contempt Actions in Massachusetts
- Custody & Parenting Time Modification
- Divorce & Financial Matters
- Divorce Alimony
- Divorce Asset Division
- Divorce High Asset
- Divorce Prenuptial Agreement
- Grandparent Visitation
- Massachusetts Child Relocation & Removal
- Massachusetts Child Support Modification
- Massachusetts Divorce
- Massachusetts Guardianship
- Massachusetts Paternity
- Out-of-State & Foreign Family Court Orders
Yes, in many cases. An order issued by another U.S. state may be recognized and enforced in Massachusetts once the applicable legal requirements have been satisfied.
Possibly. Whether a foreign country’s judgment can be recognized or enforced depends on several factors, including the laws governing the specific type of order and the circumstances of the case.
Sometimes. Whether Massachusetts has authority to modify an existing order depends on the type of order involved and whether the jurisdictional requirements have been met.
In many cases, yes. Registration is often required before an out-of-state or foreign order can be enforced or modified in Massachusetts.
Yes. Depending on the circumstances and the terms of the divorce judgment, alimony may be modified when there has been a legally recognized change in circumstances.
Possibly. Retirement may provide grounds for seeking a modification of alimony, depending on the facts of the case and the applicable provisions of Massachusetts law.
In some circumstances, cohabitation may affect an existing alimony order. Whether a modification is appropriate depends on the facts of the case and the applicable law.
Generally, yes. Existing alimony orders remain in effect unless the parties reach an agreement that is approved by the court or the court enters a new order following a Complaint for Modification. Having a court-approved modification ensures that any changes are legally enforceable and clearly define each party’s ongoing obligations.
If your former spouse is violating an existing alimony order, a Complaint for Contempt may be the appropriate legal remedy. I help clients determine whether enforcement or modification is the appropriate course of action based on their circumstances.
Yes. A custody order may be modified if there has been a material and substantial change in circumstances and the requested modification is in the child’s best interests.
Yes. Parenting plans may be modified when circumstances change or the existing schedule no longer serves the child’s best interests.
A child’s preferences may be considered in some cases, depending on the child’s age, maturity, and the specific circumstances. However, the court’s primary consideration is always the child’s best interests.
If the issue involves a parent’s failure to comply with an existing court order, a Complaint for Contempt may be the appropriate legal remedy rather than a modification. I help clients determine which legal action best addresses their circumstances.
Generally, yes. Existing custody and parenting orders remain in effect unless the parties enter into a written agreement approved by the court or the court modifies the order following a Complaint for Modification. Obtaining a court-approved order ensures that any changes are legally enforceable and helps reduce future conflict by clearly defining each parent’s rights and responsibilities.
Yes. A child support order may be modified when the legal requirements are met, including situations involving changes in income, parenting time, or other material changes in circumstances.
Yes. Depending on the facts of the case, the court may increase or decrease child support after considering the applicable Child Support Guidelines and the parties’ current financial circumstances.
Generally, yes. Child support orders remain in effect until they are modified by the court or otherwise changed in accordance with Massachusetts law.
If a parent fails to comply with an existing child support order, you may be able to seek enforcement through a Complaint for Contempt. In some cases, the appropriate remedy is to modify an existing child support order because circumstances have changed. In others, the issue is enforcement because a parent has failed to comply with an existing order. I help clients evaluate which legal action best fits their circumstances and develop a strategy designed to protect their financial interests and their children’s needs.
A Complaint for Contempt asks the Probate and Family Court to enforce an existing court order when a party has willfully failed to comply with its terms.
In appropriate circumstances, the court may award attorney’s fees and costs to the prevailing party. Whether fees are awarded depends on the facts of the case and applicable law.
Yes. A contempt action may be appropriate when a parent willfully fails to comply with a clear and unequivocal parenting order.
No. Establishing paternity creates the legal parent-child relationship, but custody and parenting time are determined separately by the court based on the child’s best interests or by agreement of the parties.
In some circumstances, yes. Whether paternity may be challenged depends on the specific facts of the case and the applicable provisions of Massachusetts law.
No. Some cases are resolved through a Voluntary Acknowledgment of Parentage, while others may require genetic testing or a court determination.
Yes. The court may establish child support, health insurance obligations, and other financial responsibilities as part of a paternity proceeding.
Yes. Paternity actions frequently include issues involving legal custody, physical custody, parenting time, and child support.
Although an attorney is not required, paternity proceedings often involve important legal rights relating to children, custody, parenting time, and financial obligations. Experienced legal representation can help ensure that your rights are protected and that the court has the information necessary to make informed decisions.
Possibly. Massachusetts law permits grandparents to seek visitation in limited circumstances. Whether visitation may be ordered depends on the facts of the case and the applicable legal standards.
Depending on the circumstances, they may be able to petition the court. Whether visitation is appropriate depends upon the legal requirements and the evidence presented.
Yes. Parents have the opportunity to participate in visitation proceedings and present evidence to the court.
No. Grandparent visitation is not automatic. The court evaluates each case individually under Massachusetts law.
Grandparent visitation addresses a grandparent’s request to maintain a relationship with a grandchild. Guardianship is a separate legal proceeding in which another adult is appointed to care for a child when a parent is unable or unavailable to do so.
Although an attorney is not required, grandparent visitation cases often involve complex legal issues and important family relationships. Experienced legal representation can help you understand your rights and present your case effectively.
Depending on the circumstances, grandparents, other relatives, family friends, or other appropriate adults may petition the Probate and Family Court to be appointed as a child’s guardian.
Not necessarily. Unlike adoption, a guardianship generally does not permanently terminate parental rights. Depending on the circumstances, parents may retain important legal rights and may petition the court to terminate the guardianship if they are able to resume caring for their child.
Yes. Parents generally have the right to participate in guardianship proceedings and may object to a petition. If the matter is contested, the court will determine whether the legal requirements for appointing a guardian have been met.
Yes. A parent or guardian may petition the court to terminate a guardianship when circumstances have changed and the legal requirements for termination are satisfied.
Custody generally addresses disputes involving parents or other individuals with parental rights. Guardianship is a separate legal proceeding that allows another adult to care for a child when a parent is unable or unavailable to do so.
Although an attorney is not required, guardianship proceedings often involve important legal and factual issues that can have long-term consequences for both children and families. Experienced legal representation can help ensure that your rights are protected and that the court receives the information necessary to make an informed decision.
No. Although the terms are similar, a guardian and a Guardian ad Litem (GAL) perform very different roles.
A guardian is appointed to care for a child and make important decisions on the child’s behalf.
A Guardian ad Litem is a neutral appointed by the court to investigate specific issues and provide information or recommendations that assist the court in making decisions.
Because I both represent clients in guardianship proceedings and serve as a court-appointed Guardian ad Litem, I understand these matters from multiple perspectives and bring that experience to every case.
Possibly. Depending on your custody arrangement and the circumstances of the proposed move, court approval may be required before relocating with your child.
Sometimes. While many moves within Massachusetts do not require court approval, a move that significantly affects the other parent’s parenting time or an existing custody arrangement may require court approval.
Possibly. Parents often seek relocation because of employment opportunities, educational opportunities, remarriage, financial considerations, or the desire to be closer to extended family or other support systems. Whether a relocation will be permitted depends on the specific facts of the case and the applicable legal standards.
The court considers many factors, including the child’s best interests, the reasons for the proposed move, educational and employment opportunities, the availability of family support, and the impact of the relocation on the child’s relationship with each parent.
If the parents cannot reach an agreement, the Massachusetts Probate and Family Court will determine whether the proposed relocation should be permitted after considering the applicable legal standards and the evidence presented.
Yes. A relocation often requires changes to parenting schedules and, depending on the circumstances, may also affect child support. I help clients evaluate all related issues so that every aspect of the family’s situation is addressed.
In many cases, parents can reach an agreement regarding relocation. However, if the agreement changes an existing court order, it should generally be submitted to the court for approval so that the modified agreement becomes legally enforceable.
No. Many cases resolve through negotiation or mediation. If settlement cannot be reached, I am prepared to represent clients throughout the litigation process.
Child support is generally calculated using the Massachusetts Child Support Guidelines. The calculation considers factors such as each parent’s income, parenting time, health insurance costs, childcare expenses, and other relevant financial information.
Depending on the circumstances, income may include wages, bonuses, commissions, self-employment income, business income, rental income, investment income, overtime, and other sources of income recognized under Massachusetts law.
In appropriate circumstances, yes. Massachusetts courts may address post-secondary educational expenses, including college costs, depending on the facts of the case and the applicable law.
Yes. While the Guidelines apply in most cases, the court has the authority to deviate from them when permitted by law and supported by the facts of a particular case.
Not necessarily. Parenting time is one factor considered under the Child Support Guidelines, but equal parenting time does not automatically eliminate a child support obligation.
The duration of child support depends on the child’s age, educational status, and other circumstances recognized under Massachusetts law. Every case is unique, and determining when child support ends requires an analysis of the applicable law and the specific facts of your case.
If your income or parenting arrangements have changed, you may be able to seek a Child Support Modification. I help clients evaluate whether a modification is appropriate and guide them through the legal process.
Parents are expected to comply with existing child support orders. If a parent willfully fails to pay court-ordered child support, a Complaint for Contempt may be an appropriate legal remedy to enforce the order.
Yes. Child support may be established regardless of whether the parents were married. Child support issues frequently arise in paternity, custody, and parenting matters involving unmarried parents.
Massachusetts courts determine custody based on the child’s best interests after considering the unique circumstances of each family. The court evaluates numerous factors rather than applying a single formula.
Legal custody involves the authority to make major decisions regarding a child’s upbringing, including education and healthcare. Physical custody determines where the child lives and how parenting time is shared between the parents.
Massachusetts law does not presume that one custody arrangement is appropriate for every family. The court’s primary consideration is always the child’s best interests.
A child’s wishes may be considered depending on the child’s age, maturity, and the circumstances of the case. However, the child’s preference is only one factor among many, and the court’s ultimate responsibility is determining what arrangement serves the child’s best interests.
No. Massachusetts law does not favor one parent over the other based on gender. Custody decisions are based on the child’s best interests and the specific facts of each case.
While you are not required to have an attorney, custody disputes often involve complex legal and factual issues with long-term consequences for both parents and children. Obtaining experienced legal advice can help you understand your rights, evaluate your options, and develop a strategy that protects your family’s interests.
A prenuptial agreement is signed before marriage. A postnuptial agreement is entered into after the parties are already married.
They may be. Massachusetts courts generally recognize prenuptial agreements that satisfy the applicable legal requirements, although enforceability depends on the specific facts and circumstances.
Yes. Many agreements address business interests, professional practices, and future appreciation of business assets.
Depending on your circumstances, a prenuptial or postnuptial agreement may address property owned before the marriage and establish how that property will be treated in the future.
Although not always legally required, independent legal representation is often advisable because it helps ensure that each party understands the agreement and their legal rights before signing.
Yes. Depending on the circumstances, spouses may enter into a postnuptial agreement that modifies or replaces aspects of an earlier prenuptial agreement.
Depending on the circumstances, yes. Whether an agreement will be enforced depends on the facts of the case and whether it satisfies the applicable legal standards under Massachusetts law.
A high asset divorce generally involves significant financial holdings or assets requiring more extensive legal and financial analysis than a typical divorce. The complexity of the assets is often just as important as their value.
Business interests are frequently addressed during divorce, but the outcome depends on many factors, including the nature of the business, its value, and the overall property division.
Depending on the circumstances, restricted stock units (RSUs), stock options, deferred compensation, and other executive compensation may be considered as part of the marital estate or otherwise affect the financial issues in a divorce.
Cases involving self-employed individuals often require careful review of financial records, business income, tax returns, and other financial documents to accurately evaluate income and assets.
Not every case requires experts. However, business valuation professionals, forensic accountants, appraisers, tax professionals, or other financial specialists may be helpful when significant or complex assets are involved.
Yes. Many complex financial divorces are resolved through negotiation or mediation. When settlement is not possible, careful preparation and effective litigation become essential to protecting your financial interests.
Yes. Many spouses resolve alimony through negotiation or mediation. If an agreement is reached, it is generally incorporated into a separation agreement and submitted to the court for approval.
The tax treatment of alimony depends on several factors, including when the divorce was finalized and the applicable federal and state tax laws. Clients should consult with an attorney and, when appropriate, a tax professional regarding the potential tax consequences of any proposed settlement.
Yes. Retirement may affect an existing alimony order depending on the circumstances and the applicable law.
Yes. Remarriage may terminate an existing alimony obligation.
Yes. Significant changes in income, employment, health, retirement, or other material circumstances may justify an alimony modification.
The duration of alimony depends on the type of alimony awarded, the length of the marriage, and the applicable provisions of Massachusetts law.
Unlike child support, there is no single formula that applies in every case. The court considers numerous factors, including the length of the marriage, each spouse’s income, earning capacity, financial resources, and other relevant circumstances.
No. The court evaluates each case individually. Whether alimony is awarded depends on the specific facts of the marriage and the factors established under Massachusetts law including a recipient spouses need for financial support and the payors ability to pay support.
Alimony is financial support that one spouse may be ordered to pay to the other following a divorce when appropriate under Massachusetts law.
Possibly. Although inherited assets often receive different treatment than other property, the Massachusetts Probate and Family Court has authority to consider inherited property when determining an equitable division of assets. Whether an inheritance will affect the property division depends on the unique facts of each case
Possibly. Massachusetts law differs from many other states because the Probate and Family Court has broad authority to divide property owned by either spouse when appropriate. Whether premarital property is divided depends on the specific facts of the case and the factors the court is required to consider.
Yes. Many couples resolve property division through negotiation or mediation. If an agreement is reached, it is typically incorporated into a separation agreement and submitted to the court for approval as part of the divorce
Yes. Property division includes both assets and liabilities. The court may allocate responsibility for mortgages, loans, credit cards, tax obligations, and other marital debts as part of the overall financial division.
Business interests often require valuation and careful financial analysis before they can be addressed as part of a divorce settlement or trial.
They can be. Retirement accounts, pensions, and other retirement benefits are frequently addressed during divorce and may require additional legal steps, such as a Qualified Domestic Relations Order (QDRO), to divide certain retirement assets.
The outcome depends on the family’s circumstances. Some couples sell the home, one spouse buys out the other’s interest, or one spouse retains the property as part of the overall property division.
Possibly. Depending on the circumstances, inherited property may be considered by the court when dividing assets. Whether and how an inheritance is treated depends on the facts of each case and the applicable law.
No. Massachusetts follows the principle of equitable division, meaning the court divides property in a manner it determines is fair under the circumstances. A fair division is not necessarily an equal division.
Although you are not legally required to have an attorney, divorce often involves significant legal, financial, and parenting issues with long-term consequences. Experienced legal guidance can help you understand your rights, evaluate your options, and develop a strategy tailored to your circumstances
There is no one-size-fits-all answer. While many divorces proceed on no-fault grounds, there are situations in which filing on fault grounds may be appropriate. The best approach depends on the specific facts of your case, the issues involved, and your overall legal objectives. I work closely with clients to evaluate their circumstances and develop a strategy tailored to their needs.
Yes. Many divorces are resolved through negotiation or mediation. When an agreement cannot be reached, the court will resolve the disputed issues.
If minor children are involved, the divorce may also address issues such as legal custody, parenting time, child support, educational expenses, and other matters affecting the children’s best interests.
Whether alimony is appropriate depends on many factors, including the length of the marriage, each spouse’s financial circumstances, income, earning capacity, and other considerations recognized under Massachusetts law.
Massachusetts follows the principle of equitable division, meaning the court divides marital property in a manner it determines is fair based on the circumstances of the case. Property division does not necessarily mean an equal division of assets.
Not necessarily. Many divorces are resolved through negotiated agreements. However, court approval is generally required before a divorce becomes final.
The length of a divorce depends on many factors, including whether the case is contested, the complexity of the issues involved, the amount of financial discovery required, and the court’s schedule. The timeline also varies from county to county, as each Massachusetts Probate and Family Court has its own docket and scheduling practices. While some divorces can be resolved in a matter of months, more complex or highly contested cases may take significantly longer.
Contact Zawada Family Law
If you need experienced representation in a divorce, custody, guardianship, or other family law matter, contact Attorney Brynn Zawada to schedule a consultation.
Email is the preferred method of communication. Because Attorney Zawada is frequently in court, mediations, and client meetings, email allows for the fastest review of your inquiry and the most prompt response.
