Divorce and Separation

The earliest stage of separation often presents immediate and complex decisions. These may include determining who remains in the marital residence, how to proceed when both spouses wish to stay, and how to address situations involving domestic conflict or safety concerns. Financial realities also come into play, such as whether one party can afford to relocate or maintain the marital home independently.

When children are involved, establishing a comprehensive parenting plan becomes a priority. Parenting plans — which have replaced the outdated concept of “visitation” — address parenting time, decision-making responsibilities, and the overall structure that best supports the children’s stability and well-being.

Support obligations must also be carefully evaluated. Child support is determined pursuant to Massachusetts guidelines, though deviations may apply in certain circumstances. Alimony (spousal support) is considered separately, and clients are often surprised to learn that child support and alimony are generally not paid simultaneously, except in higher-income cases or where unique financial or tax considerations justify a blended arrangement. Xifaras Law ensures clients understand how these rules apply to their specific situation.

Divorce also requires the equitable division of marital assets and liabilities. This process involves a holistic review of the marital estate and consideration of statutory factors such as the length of the marriage, each party’s contributions to the household and accumulation of assets, the health and education of the parties, earning capacity, and future financial prospects. Debts are analyzed using similar principles, often requiring a closer examination of how and why the obligations were incurred.

Other issues that frequently arise during divorce proceedings include health insurance coverage, uninsured medical expenses, extracurricular and educational costs, college tuition contributions, relocation of children, substance abuse concerns, income attribution for under-employed spouses, valuation of closely held businesses, determination of income for self-employed individuals, and allegations of financial misconduct.

Xifaras Law provides experienced, practical guidance through each phase of the divorce process, helping clients resolve issues efficiently while protecting their rights and long-term interests.

 When a court issues a judgment or order, compliance is mandatory. Failure to follow a clear court directive may result in a contempt action. To prevail, the party bringing a contempt complaint must establish — by clear and convincing evidence — that the opposing party violated a specific, unambiguous court order.

Under Massachusetts law, a party found in contempt is generally presumed responsible for the other party’s reasonable attorneys’ fees and litigation expenses incurred in pursuing the contempt, including good-faith efforts to resolve the matter before filing. A court may deviate from this presumption only if it makes specific findings justifying why fees should not be awarded.

A party accused of contempt may raise defenses, including demonstrating that the underlying order was unclear or ambiguous, or that compliance was not possible despite reasonable efforts. In cases where contempt is established, the court has broad discretion in imposing remedies, which may include payment of arrears, structured repayment plans, employment-related requirements, community service, participation in job training programs, or incarceration until compliance is achieved.

Because contempt proceedings carry serious legal and financial consequences, experienced representation is critical. Xifaras Law counsels clients on available defenses, works toward prompt resolution where possible, and prepares thoroughly for evidentiary hearings when disputes cannot be resolved informally.

Judgments addressing children — including child support, parenting schedules, legal and physical custody, health insurance, uninsured medical expenses, extracurricular costs, and college contributions — may be modified upon a showing of a material change in circumstances and that the requested modification serves the children’s best interests.

With respect to child support, a modification is presumptively appropriate when the existing order differs from what would be required under the current Massachusetts Child Support Guidelines.

A request to modify a judgment must be brought through a formal complaint for modification, which is a separate legal action subject to its own procedural timeline, including discovery, pretrial proceedings, and trial if necessary. Xifaras Law represents clients throughout the modification process and advises whether filing is appropriate based on the specific facts presented.

Importantly, child support arrears that accrue prior to the filing of a modification complaint cannot be retroactively reduced. Similarly, a party seeking an increase in support cannot obtain retroactive relief for periods before the modification action is filed. For example, if a payor experiences a job loss or significant reduction in income, it is essential to file a complaint for modification promptly. Any unpaid support that accrues before filing remains due and may expose the payor to enforcement or contempt proceedings.

Alimony obligations may also be subject to modification depending on whether the alimony provisions merged into the divorce judgment or survived as an independent contract. Duration and amount may be modified upon a material change in circumstances, including changes in employment or income, or where statutory durational limits under the Alimony Reform Act are implicated.

Xifaras Law provides strategic guidance in both contempt and modification matters, helping clients protect their rights while navigating the evolving financial and custodial realities that follow divorce.