Divorce and Family Law Attorneys in West Springfield, MA

A divorce is a legal process, but that is rarely how it arrives. It shows up as a conversation you have been dreading, or one you never saw coming. The legal questions come later.

Sclafani & Moriarty has handled divorce and family law matters across Hampden County for over 25 years. Attorney Tanya K. Moriarty concentrates her practice in this area and has practiced in Massachusetts for more than two decades. Our office is at 776 Westfield Street in West Springfield, minutes from the Hampden County Probate and Family Court in Springfield.

The initial consultation is free and takes place in our office. Payment plans are available. Call 413-732-8356.

What Does Family Law Cover in Massachusetts?

Massachusetts family law covers divorce, child custody and parenting time, child support, alimony, paternity, and modifications of existing orders. These matters are governed primarily by Chapter 208 of the General Laws and are heard in the Probate and Family Court for the county where the parties live.

Family law deals with households — how they form, change, and come apart. Most of it sits in Chapter 208, with related provisions in Chapter 209 for married couples who are not divorcing and Chapter 209C for parents who were never married. One feature sets it apart from other practice areas: the court keeps jurisdiction after the case ends.

For residents of West Springfield, Agawam, Chicopee, and the rest of the county, these cases are filed at the Hampden County Probate and Family Court in the Roderick L. Ireland Courthouse on State Street in Springfield.

A judgment is not always the last word. Support, custody, and parenting schedules can be revisited when circumstances change, sometimes years later.

What Family Law Cases Do We Handle in Hampden County?

Sclafani & Moriarty handles contested and uncontested divorce, child custody and parenting time, child support, alimony, paternity for unmarried parents, prenuptial agreements, and the modification and enforcement of existing orders. Most of these cases are filed in Hampden County Probate and Family Court in Springfield.

• Uncontested divorce. Both spouses agree and file a joint petition with a signed separation agreement.
• Contested divorce. One spouse files against the other because property, support, or parenting time is disputed.
• Child custody and parenting time. Legal and physical custody, parenting schedules, and relocation requests.
• Child support. Initial orders, modifications, and enforcement.
• Alimony. General term, rehabilitative, reimbursement, and transitional alimony, plus modification and termination.
• Paternity and parentage. Establishing parentage, custody, and support for parents who were never married.
• Modification and enforcement. Changing an order after a material change in circumstances, or returning to court when one is ignored.
• Prenuptial agreements. Drafting and reviewing agreements before marriage.

Attorney Moriarty handles these matters directly. Clients are not handed off to a paralegal.

What Is the Difference Between a 1A and a 1B Divorce?

Massachusetts offers two paths. A 1A divorce is a joint petition filed by both spouses with a signed separation agreement already in place. A 1B divorce is filed by one spouse against the other when terms are still in dispute. Both are no-fault, based on irretrievable breakdown of the marriage.

1A, the joint petition. Both spouses sign and file together with a completed separation agreement covering property, debt, support, and parenting. There is no plaintiff and no defendant. The court holds a hearing, reviews the agreement for fairness, and if it approves, the case takes the shorter track.

1B, the complaint for divorce. One spouse files against the other. This is the path when you cannot agree, when your spouse will not participate, or when you do not yet know what the other side’s finances look like.

A 1B filing is not a declaration of war, and clients are often relieved to hear it. Many settle into an agreement much like a 1A, just reached later. Filing 1B when the facts are unclear is frequently the wiser choice, because it opens access to discovery and to temporary orders for support, custody, and use of the marital home. A 1A signed too early is far harder to undo.

How Long Does a Divorce Take in Hampden County?

A 1A joint petition is not final until 120 days after judgment — roughly 30 days until the judgment nisi enters, then a 90-day nisi period. A contested 1B divorce is not final until 90 days after the hearing, and cannot be heard until six months have passed since filing.

Massachusetts builds a mandatory waiting period into every divorce. It is called the nisi period, from the Latin for “unless” — the judgment becomes final unless something intervenes. Timelines are published by Mass.gov.

• 1A joint petition. Roughly 30 days pass after the hearing before the judgment of divorce nisi enters, then a 90-day nisi period. In Hampden County a straightforward 1A commonly runs several months start to finish.
• 1B contested divorce. The case cannot be heard until six months after filing. If a judgment enters at the hearing, the divorce becomes final 90 days later — longer where assets are disputed or a custody evaluation is ordered.

Here is the part that surprises people, and it matters more than the calendar. The substantive terms take effect when the judge approves them, not when the divorce becomes absolute. Support, custody, parenting time, alimony, and property division all operate during the nisi period. What you cannot do is remarry.

Once the judgment nisi enters, neither spouse can simply withdraw the case without the other’s written agreement or a motion to the court.

How Does Massachusetts Divide Property in a Divorce?

Massachusetts is an equitable division state, not a community property state. Under Chapter 208, Section 34, the court may assign all or part of either spouse’s estate to the other, regardless of whose name is on the title. Equitable means fair in the circumstances, which does not always mean equal.

Title does not decide ownership here. A car registered to one spouse, a brokerage account held individually, a house deeded to one name — all of it can be divided if the court finds that appropriate.

Section 34 sets out factors the court must weigh:

• The length of the marriage, which the statute lists first
• The conduct of the parties during the marriage
• The age, health, income, occupation, and employability of each spouse
• Each spouse’s contribution to acquiring or preserving the marital estate
• Contribution as a homemaker to the family unit

Length of marriage does much of the work. In shorter marriages, spouses often leave with roughly what they brought in. In longer ones, courts are far likelier to treat the estate as jointly built regardless of who earned or titled it.

Debt is divided under the same framework, and it is where divorce and bankruptcy intersect. A judgment assigning a credit card balance to your former spouse binds that spouse. It does not bind the bank. If they later discharge the debt, the creditor can still come after you.

How Are Custody Decisions Made in Massachusetts?

Massachusetts distinguishes legal custody, which is decision-making authority over education, medical care, and moral and religious upbringing, from physical custody, which is where the child lives. From filing until judgment, parents share temporary legal custody unless there is abuse, neglect, or an emergency.

Chapter 208, Section 31 defines four arrangements, published in full by the Massachusetts Legislature.

• Sole legal custody. One parent makes the major decisions about the child’s welfare.
• Shared legal custody. Both parents remain mutually responsible for those decisions.
• Sole physical custody. The child lives with one parent, subject to reasonable visitation by the other.
• Shared physical custody. The child has periods of living with each parent.

Two points get misunderstood constantly. First, shared legal custody is the default while a case is pending — parents hold it automatically from filing until judgment unless there is abuse, neglect, or an emergency.

Second, there is no presumption for or against shared custody at trial. The statute says so directly. Courts decide on the welfare of the child, and parents’ rights are equal absent misconduct. Neither mothers nor fathers start ahead. Where a Chapter 209A order is already in place against a parent, a court ordering shared custody must issue written findings supporting it.

How Are Child Support and Alimony Calculated?

Child support in Massachusetts is set by the Child Support Guidelines, which produce a presumptive amount from both parents’ incomes and the parenting schedule. Alimony is governed by the Alimony Reform Act of 2011, which ties the duration of general term alimony to the length of the marriage.

What did the 2025 Child Support Guidelines change?

The Probate and Family Court reviews the Guidelines every four years. The 2025 Child Support Guidelines took effect December 1, 2025, and apply to orders entered or modified on or after that date. Among the changes, the combined parental income used in the calculation rose from $400,000 to $450,000.

If your order predates December 2025, it is worth rerunning the numbers. Revised Guidelines do not by themselves reopen an order, but a recalculation can show whether grounds for modification exist.

How long does alimony last?

Duration of general term alimony is tied to the length of the marriage, measured from the wedding to the date of service:

• Marriages of 5 years or less — up to 50% of the number of months married
• More than 5 up to 10 years — up to 60%
• More than 10 up to 15 years — up to 70%
• More than 15 up to 20 years — up to 80%
• More than 20 years — the court may order alimony indefinitely

General term alimony also presumptively ends when the payor reaches full Social Security retirement age. A judge can depart from these limits only with written findings explaining why justice requires it.

Where both alimony and child support are in play, the Supreme Judicial Court’s decision in Cavanagh v. Cavanagh requires the judge to run the calculation both ways and compare the results before deciding. That analysis is now built into the Guidelines.

Do I Have to Take a Co-Parenting Class?

Parents with minor children in contested custody or parenting time cases must complete Two Families Now, a four-hour online co-parenting course, under Probate and Family Court Standing Order 3-2023. Registration is due within 30 days of service of the complaint. A judge can waive the requirement on motion.

This requirement changed recently, and much of the published information about it is out of date. The older program was an in-person class over two evenings. Standing Order 3-2023 replaced it as of November 1, 2023, and the court revised it in January 2024. Current standing orders are published by the Massachusetts Probate and Family Court.

The course now runs four hours online rather than five in a classroom, and both parents must register within 30 days of service. Parents filing a joint 1A petition, where custody and parenting time are already agreed, generally fall outside it. Waivers are available by motion with notice to the other parent.

Judges typically want proof of completion in the file before entering a final judgment — a small step that holds up cases when overlooked.

What Should I Do First If I Am Considering Divorce?

Gather your financial records before anything else, and get legal advice before signing documents, moving out of the marital home, or moving money. Early decisions made without advice tend to be the ones that are hardest to reverse once a case is filed in Probate and Family Court.

1. Collect financial documents. Tax returns, pay stubs, bank and retirement statements, mortgage papers, credit card statements. Copies are fine.
2. Do not move out impulsively. Leaving the marital home can affect temporary orders and parenting arrangements.
3. Leave joint accounts alone. Emptying an account before filing is visible, reversible, and damaging. The same goes for social media — posts end up as exhibits more often than people expect.
4. Do not sign anything yet. An agreement your spouse drafted may be reasonable. It may also give away rights you did not know you had.

What Does It Cost to Hire a Divorce Lawyer?

The initial consultation at Sclafani & Moriarty is free and takes place in our West Springfield office. We quote a fee after learning the details of your situation, and payment plans are available. Court filing fees and case costs are separate from attorney’s fees and are explained up front.

Cost is why many people put off calling a lawyer, and the uncertainty is usually worse than the number. An uncontested 1A divorce costs substantially less than a contested case involving discovery, custody disputes, or a business to value. We will tell you which category you fall into at the first meeting, and say so if we think you can handle part of it yourself.

Court filing fees are set by the Probate and Family Court, change periodically, and are separate from what we charge. Fee waivers are available for those who qualify by income.

Contact a West Springfield Divorce Lawyer

Whether you are certain about a divorce or just trying to understand what it involves, the conversation costs nothing.

Sclafani & Moriarty
776 Westfield Street
West Springfield, MA 01089
413-732-8356

Attorney Tanya K. Moriarty offers free initial consultations in our West Springfield office and represents clients throughout Hampden County, including Springfield, Chicopee, Holyoke, Agawam, Westfield, Longmeadow, and Ludlow. Payment plans are available. Call 413-732-8356 or use the contact form.

Frequently Asked Questions

Can I file for divorce in Massachusetts if I just moved here?

It depends on where the marriage broke down. If the cause arose in Massachusetts, you generally need to be living here when you file, with no minimum period. If it arose elsewhere, you generally need a full year of residence first.

Do I need a reason to get divorced in Massachusetts?

No. Both paths are no-fault, based on an irretrievable breakdown of the marriage. Fault grounds still exist in the statute but are rarely used and rarely helpful. You do not need your spouse’s agreement to get divorced.

Can we use the same lawyer for both of us?

No. Even in an amicable joint petition, spouses have differing legal interests, and one attorney cannot represent both. One spouse can retain counsel to draft the agreement while the other reviews it independently, or a couple can mediate and have separate lawyers review the result.

What if my spouse refuses to sign the separation agreement?

Then the case proceeds as a contested 1B divorce. A spouse cannot prevent a divorce by refusing to participate. The court can enter temporary orders for support, custody, and use of the marital home, and can decide the terms if the parties never agree.

Does Massachusetts favor mothers in custody cases?

No. The statute states that parents’ rights are equal absent misconduct, and that there is no presumption for or against shared custody at trial. Courts decide on the welfare of the child. Belief to the contrary keeps some fathers from pursuing parenting time they have a genuine claim to.

This content is provided for informational purposes only and is not legal advice. Laws and statutes are revised and updated periodically, and the information here may not reflect the most current version of the law. You are strongly advised to speak with an attorney about the specifics of your situation.