ENDING MARRIAGE
Whether it’s crafting a settlement or litigating in court, Attorney Summers and his team work tirelessly to achieve the result you desire.
DIVORCE SERVICES
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UNCONTESTED DIVORCE
Most divorces don't warrant a drawn-out court battle. When spouses substantially agree on property division, support, and child-related issues, they can enter into a Separation Agreement, submit it to the court for approval, and obtain a divorce judgment in a relatively brief period of time.
Generally, uncontested divorces move far more quickly and are less expensive than contested, litigated divorces. However, uncontested divorces are not for everyone. For example, complex child-related issues, high financial stakes, and domestic violence are the marks of contested divorces. Contact us today to learn more about the uncontested divorce process, and to determine whether such a divorce is appropriate for you.
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Attorney Summers handles uncontested divorces with the same zealous and compassionate advocacy that he provides to litigation clients.
CONTESTED DIVORCE / LITIGATION
Divorce litigation typically involves intense emotions and high-stakes issues. Attorney Summers is an experienced and respected litigator who will work with you throughout the divorce process to minimize the emotional strain and costs normally associated with these proceedings. He is adept at handling complex, high-conflict, and high-asset divorces.
During your divorce proceedings, Attorney Summers will assess all of the marital property and work to attain the most favorable distribution of marital assets. When appropriate, he will work to guarantee proper financial support through alimony. If children are involved, he will help you obtain custody of your children and child support payments; he will also assist in the development and negotiation of an appropriate parenting plan.
If you are on the verge of divorce, or if you are unsatisfied with your current attorney, contact us today for a confidential consultation.
Attorney Summers is an experienced and respected litigator who will work with you throughout the divorce process to minimize the emotional strain normally associated with contested litigation.
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DIVORCE MEDIATION
Attorney Summers works with spouses to settle their divorce through mediation, an increasingly popular way to resolve divorce issues in a non-adversarial manner. In divorce mediation, the parties sit down with a neutral third party (the mediator) to resolve divorce issues outside of the court system.
Divorce mediation offers many advantages to a couple working through a divorce. Mediation almost always takes less time than litigating a divorce, especially for those couples who haven’t worked everything out in advance of the divorce. Divorce mediation also helps spouses tell each other what they want, without lawyers speaking for them or telling them what they should do. Mediators can help focus couples on present issues, rather than bringing up hurts from the past that can be unproductive in reaching an agreement. Another benefit to mediation is that it is private, unlike a court case.
Divorce mediation is not for everyone. If couples are behaving too poorly around each other to work together in the same room, mediation may not be the best bet. For couples dealing with spousal and/or substance abuse, it’s probably best for an attorney to speak on each spouse’s behalf.
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Attorney Summers utilizes his years of litigation experience to skillfully guide mediation clients towards a comprehensive settlement that will ultimately be approved by the court.
DIVORCE CONSULTING
Attorney Summers regularly consults with divorcing spouses who are in the midst of mediation. As a third-party neutral, the mediator cannot provide legal advice to either spouse; instead, the mediator offers solutions that he or she believes are reasonable.
With Attorney Summers as your consulting attorney, he will assess the mediator's proposals and help determine whether they make sense for you and your family. If you are at all hesitant to engage in the mediation process without an advocate on your side, contact us today to learn more about how we may be able to assist.
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As your consulting attorney, Attorney Summers will assess the mediator's proposals and help determine whether they make sense for you and your family.
SECOND OPINION / CASE EVALUATIONS
If you are in the midst of a challenging divorce or family law matter, you may question your current legal team's ability to achieve your goals. You may even wonder if your goals are obtainable. Perhaps you feel lost in the process.
Just like many people get a second medical opinion for serious health issues, it is your right to have another lawyer review your case and give you feedback. A second opinion can also be valuable in helping you make a decision about a specific aspect of your case. For example, you may want to be sure the settlement you've negotiated is a fair one.
Attorney Summers is routinely retained for second opinions on challenging cases. Contact us today to learn more.
Want to discuss Second Opinion / Case Evaluations?
Just like many people get a second medical opinion for serious health issues, it is your right to have another lawyer review your case and give you feedback.
The dissolution of a marriage or partnership raises a plethora of issues. When children are involved, the resulting issues are even more complex as custody issues come to the forefront. To ensure that a fair arrangement, based upon the children’s best interests, is reached, it is essential that you work with a knowledgeable family lawyer.
Child custody is dual-faceted in that it encompasses both the physical and legal custody of the child. Physical custody is where the child resides while legal custody entails the decision making process for the parents including the right to decide education preferences, religious practices, medical treatments, and activity involvement. Both of these aspects must be considered during child custody proceedings.
Attorney Summers routinely handles child custody cases and can help to determine the best custody arrangement for you and your children. He will listen to your desires, review the custody evaluator’s recommendations (if any), identify the children’s preferences, and explain how state laws impact your specific case and family situation. Considering these factors, Attorney Summers will work with you to devise a plan of custody for your children.
CHILD CUSTODY
Attorney Summers will work with you to achieve the best possible outcome while preserving your parental rights and protecting your children’s best interests.
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CHILD SUPPORT
Each year millions of parents across the country seek judicial intervention in child support matters. Courts generally adhere to an objective process when determining the proper child support amount. Whether you are a single parent seeking child support or a non-custodial parent with questions about your current support order, Attorney Summers and Summers Family Law can help ensure that your children receive the necessary financial support congruent with your income as well as your ex-partner’s earnings.
Calculation of Child Support
Child support calculation is generally based upon a number of financial factors pertaining to both parties. Attorney Summers will help you compile your financial information as well as ascertain the other parent’s current situation in order to make certain your support obligation is fair in light of both party’s monthly income and lifestyle. Factors commonly considered by family court judges include:
+ Monthly employment income
+ Childcare expenses deducted from your paycheck
+ Additional medical expenses for the child
+ Each parent’s contribution to extra-curricular expenses
+ Costs of daycare or private school tuition
+ Number of children involved in the action
+ Number of dependents of either party not involved in the action
Modifying a Current Child Support Order
If you already have a child support order in place, you may be in need of a modification of the monthly obligation. In general, a court may modify a child support order if it finds the financial status of either party has materially changed and the current support obligation is no longer fair. For instance, if the parent paying support suddenly becomes disabled and is no longer able to work, the court will likely consider reducing his or her support obligation to meet his current income level. Conversely, if either parent experiences a sudden increase in monthly income, the court may decide to adjust the monthly support amount accordingly. If you require a modification to your child support order, our attorneys will help you compile the requisite financial documentation and present your case presentation to the judge in the proceeding.
Whether you are the obligor or obligee, Attorney Summers can work with you to obtain a child support amount that reflects the best interests of your children. If you are having difficulty meeting your monthly support obligation or believe your child’s parent is able to pay more than the amount in the current order, Attorney Summers will work diligently to achieve a modification of support on your behalf.
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VISITATION / PARENTING PLANS
Attorney Summers has significant experience drafting and negotiating Parenting Plans on behalf of both mothers and fathers.
A "Parenting Plan" is a comprehensive agreement between separated parents that sets forth a visitation schedule and other provisions relating to the rearing of their children. Such agreements commonly specify pick-up and drop-off times and locations, bedtime routines, holiday visitation schedules, educational and extracurricular commitments, and communication.
When separated parents have difficulty communicating, or when the situation can be described as "high conflict," a well-drafted Parenting Plan can help parents avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children. Without detailed understandings about these responsibilities, disputes can arise and protracted litigation may be needed to resolve these issues.
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Choosing legal counsel in a divorce or family law matter can have a life-changing impact. And you need a team that is behind you 100%. That's where we come in.
RELOCATION WITH CHILDREN
If you desire to relocate with your child, or if your child's other parent has expressed a desire to relocate or has served you with a Complaint seeking removal, Attorney Summers can help.
The law commonly refers to the act of leaving the state with your child as "removal." When a divorced parent desires to move from Massachusetts with his/her child, he/she must either (1) receive permission from the other parent or (2) seek permission from the Court. If the matter is litigated, the parent seeking to relocate must demonstrate that the move would be in the "best interests" of the child. For obvious reasons, "removal" cases are often the most hotly-contested and emotional matters that are litigated in the Probate & Family Courts.
Attorney Summers has considerable experience litigating removal cases and is well-versed in the intricacies of removal statutory and case law. While Attorney Summers encourages out-of-court settlements between parents, he is a skilled trial attorney who can tactfully litigate a removal case from initiation through the post-judgment phase.
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POSTNUPTIALS AGREEMENTS
Attorney Summers regularly drafts and reviews postnups for clients throughout the Greater Boston area.
Unlike a prenuptial agreement, a postnuptial agreement happens after a couple is married. One spouse’s bad behavior or excessive spending during the marriage might prompt the other spouse to ask for a postnup. Even when the marriage is going well, couples may use a postnup to define things, such as each spouse's separate property, financial responsibilities, or rights to the family business.
Postnups can address the same kinds of issues that would normally be in a prenuptial agreement, including:
+ Which spouse keeps certain property (property division)
+ Which spouse pays alimony, including how much and for how long
+ Which spouse is responsible for marital debts, like mortgages, credit cards and loans
+ How to divide property and assets if one spouse dies during the marriage
Attorney Summers regularly drafts and reviews postnups for clients throughout the Greater Boston area. To learn more, contact us today.
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