Divorce Massachusetts Child Support Massachusetts Divorce Massachusetts Uncontested Divorce Uncategorized Uncontested Divorce

Massachusetts Uncontested Divorce: The Best Divorce Money Can Buy

An Agreement in Principle

In Massachusetts, if a married couple seeks a divorce and the couple have come to an “agreement in principle” then they may obtain a Massachusetts uncontested divorce. In a Massachusetts uncontested divorce, unlike a contested divorce, the parties agree to the disposition of all assets and liabilities, as well as child support and alimony, when they file their Massachusetts divorce complaint. If any of these issues remain unresolved, then a Massachusetts contested divorce is warranted and the parties cannot file an uncontested Massachusetts divorce.

What is an “Agreement in Principle?”

An “agreement in principle” simply means that the parties have come to an agreement with respect to all the major issues of their divorce. This includes the division of both assets and liabilities, as well as agreements with respect to child support, child custody and alimony. If there are any disagreements on ANY of these issues, then the parties cannot obtain a Massachusetts uncontested divorce.

Retain An Attorney to Put the Verbal Agreement in Writing

The parties do not need to have anything in writing. The parties may retain an attorney to assist in drafting the party’s entire Separation Agreement. After the Massachusetts Divorce Agreement is put into writing, each party will have the opportunity to have the Separation Agreement reviewed by their own attorney, if desired.

No Attorneys Required, but it’s Helpful

However, there is no requirement that either party or both parties have counsel. It is necessary, however, that there is transparency, honesty, and that both parties understand exactly what they are agreeing to and signing. There is good faith from both parties in an uncontested Massachusetts Divorce.

It is suggested that at least one petitioner in a Massachusetts Uncontested Divorce obtain an attorney, as there is an enormous amount of paperwork to complete, and the process can be complicated for pro se litigants.

Attorney Anthony Rao has handled hundreds of Massachusetts Uncontested Divorces and is available at 617-953-0836 or via email at to discuss your questions regarding a Massachusetts Uncontesed Divorce. Our law firm provides flat-fee uncontested divorce packages for most Massachusetts uncontested divorces. Ask Attorney Rao how that works.

Massachusetts Alimony Massachusetts Divorce Massachusetts Prenuptial Agreement Uncategorized

Prenuptial Agreements in Massachusetts: A Simple Guide to Protecting Your Assets before Marriage

“Money, it’s a gas. Grab that cash with both hands and make a stash” – Pink Floyd.

Divorce is Common & Costly

Divorce is common. In 2020, 41% of all first marriages ended in divorce. A divorce is often a huge financial hit to both the husband and the wife. Worse, children are always caught in the middle of an acrimonious divorce. A hotly contested divorce can last for years. A Massachusetts divorce that goes to trial can cost each litigant tens of thousands of dollars in legal fees & costs. After the litigation is over, the judgment of divorce will divide your assets and your liabilities. Each party has no say. The law and the judge decide. It is a horrible experience.

The Judge Decides, Not You.

After your assets and liabilities are divided, the court in its discretion may award alimony. In Massachusetts, alimony is dependent on numerous factors. One of the biggest factors is the length of marriage. For example, if you are married for 11 years, an alimony order could last for as long as 7 years. This award is given by the trial judge. The trial judge in Massachusetts Family and Probate court has enormous discretion.

Prenuptial Agreement: Control Your Money & Your Future

A Massachusetts Prenuptial Agreement grants both parties control over the division of their assets and liabilities in the event of a divorce. In Massachusetts, the parties can waive their rights to alimony with a prenuptial agreement. Also, Massachusetts now allows for post-nuptial agreements. This allows for parties to come together – after the marriage – to enter into a contract that describes the division of assets and liabilities.

Fair and Reasonable Agreement

The standards for a prenuptial agreement are fair & reasonable both at the time of the signing of the Massachusetts Prenuptial Agreement and at the time the Prenuptial Agreement is enforced, i.e., upon the divorce of the parties. The standard is not an unreasonable one. Both parties should have good faith in negotiations and be honest and transparent.

Attorneys Should Handle the Drafting and Negotiation of Prenuptial Agreements

In order for a Massachusetts Prenuptial Agreement to be enforced here are some of the requirements: 1. Both parties should have legal representation; 2. Both parties must have a complete and full disclosure of all assets and liabilities at the time of the execution of the Massachusetts Prenuptial Agreements; and 3. the Judge at the time of enforcement must determine the Prenuptial Agreement to be fair & reasonable both at the time of the signing of the Prenuptial Agreement and at the time of enforcement.

Income During the Marriage & Separate Property

One of the most important factors to consider when contemplating a Massachusetts Prenuptial Agreement is the definition of “Separate Property.” Meaning, what property will not be divisible upon a divorce. This can be very broad. In Massachusetts, you may define “Separate Property” to include income and property received during the marriage. In other words, all the income and property you obtain during your marriage is not divisible upon the divorce.

This protects both parties. In 2022, both parties have income. Both parties will have inheritances, cryptocurrency, NFTs, and much opportunity for financial gain during their marriage. The Massachusetts Prenuptial Agreement insures fairness for both parties.

If you are considering a Massachusetts Prenuptial Agreement, call Attorney Anthony Rao now at 617-953-0836. Attorney Rao has vast experience in drafting Massachusetts Prenuptial Agreements, including Prenuptial Agreements that protect income streams during the marriage, real and personal property, as well as Prenuptial Agreements that protect non-fungible tokens, and cryptocurrencies.

Anthony Rao, Esq.

Contempt Contempt Proceeding Massachusetts Department of Revenue DOR/CSE Enforcement of Court Order Enforcment of Massachusetts Court Order Massachusetts Child Support Massachusetts Complaint for Contempt Massachusetts Department of Revenue Child Support Enforcement Division Massachusetts DOR Massachusetts Enforcement of Court Order Massachusetts Enforcment of Court Order Massachusetts Failure to Pay Child Support Massachusetts Family and Probate Court Complaint for Contempt Uncategorized

Enforcment of Massachusetts Family Court Orders: How to make the other party do what they’re told

The Massachusetts Family Court has the authority to order parties – to numerous types of court proceedings – to do certain things. For example, a Temporary Order might order one party to pay child support to the other, or a Divorce Judgment may set a clear visitation schedule. A Judgment upon a Complaint for Modification might order the opposing party to pay a different amount of child support then previously ordered, or the Modification Judgment might change the previous terms of the parenting schedule. In all of these court orders, it is imperative that the party that is ordered to do something complies with the Massachusetts Family Court’s order. However, what does a party do if the ordered party is not in compliance with the Massachusetts Family Court Order? In this blog post, we examine the remedies and options available to the grieved party when the opposing party fails to comply with the Massachusetts Family and Probate Court’s order, and what strategies may work to force the opposing party into compliance.


There are a few options available to force a party to comply with a court order in Massachusetts. First, you should reach out to the opposing party – either through your attorney or on your own – and determine why they are not in compliance with the Massachusetts Family Court’s order. In some instances this contact may force them into quick compliance, and will also give you insight into why the other party has delayed his or her compliance with the Court’s order. Often times, however, the other party will not so easily fall into compliance and further, more drastic measures must be taken.

If the initial communication with the non-compliant party does little to get said party into compliance, the grieved party may be forced to retain counsel to draft and proceed with a Complaint for Contempt. A Complaint for Contempt in Massachusetts is used when a party is not in compliance with a court’s clear order. It is the only tool available to bring the non-compliant party before the court and to force the non-compliant party to explain why they are not in compliance with the Massachusetts Family Court order. A draft of the Complaint for Contempt, along with a strongly-worded letter, should be sent to the non-compliant party prior to the filing of the Massachusetts Complaint for Contempt. The letter should indicate that the non-compliant party has 10-days to bring himself into compliance, or alternatively, to reach out to the opposing party with his/her game-plan moving forward. The non-compliant party should be warned that failure to respond to the letter within the short deadline will force the grieved party file the Complaint for Contempt. The letter should also inform the non-compliant party that the grieved party will not only seek full compliance with the Massachusetts Family Court Order, but that the moving party will also seek reimbursement for missed work, as well as Attorney’s fees.


Unlike other Massachusetts’ contempt hearings, in the Massachusetts Family and Probate Court, the burden of proving that the defendant is in Contempt falls upon the defendant. Pursuant to Massachusetts’ statutory language, the defendant has the initial burden of showing – through a preponderance of the evidence – that the defendant is not in violation of the court order, or alternatively, that the defendant has not complied with the court order, but has done so because he does not have the ability to comply.

Sadly, many courts will still place the initial burden upon the plaintiff to show the defendant has the ability to comply with the court order; however, the statute placing the burden upon the non-compliant is clear and unambiguous.

If the court finds that the defendant is in contempt of court for failure to abide by the court’s order, there are many remedies available to the court. The Massachusetts Family and Probate Judge has the authority to incarcerate the defendant until the defendant becomes compliant with the court order, the judge may also give the defendant a short amount of time to become compliant, and to set a short review date to closely follow the defendant’s road to full compliance with the court order. However, the judge may not – under any lawful circumstance – modify the underlying court order in a contempt proceeding. If the defendant wants to change the terms of the previous court order, the defendant must file a Complaint for Modification.

Finally, contempt proceedings are often times quite confrontational. Emotions run high, and with the possibility of incarceration, the stakes are extremely important to all involved. Both parties should be well-prepared, and should explain their cases clearly and concisely. Any outside evidence that you may have to prove your case should be brought before the court, and presented to the other side prior to the hearing. Massachusetts Family Court orders are meant to be followed, not ignored or otherwise disregarded.

Attorney Anthony Rao has handled thousands of contempt proceedings before the Massachusetts Family and Probate Court. He has successfully enforced thousands of Massachusetts orders and judgments, and is agreeable to numerous types of retainer agreements to better fit his client’s resources . He may be reached at, or at 617-953-0836.


Announcing the official launch of Rao Law Blog

I am excited to announce the official opening of Rao Law Offices. This corresponding blog will provide periodic updates on the exciting happenings at Rao Law Offices, as well as give weekly and daily updates on interesting news regarding Family and Criminal Law in Massachusetts and throughout the country.

The focus of any valuable blog is to give its readers valuable information that can have an impact on the reader’s life. This is the focus of this blog. We will provide substantive legal information and commentary that will provide our readers with useful and valuable information.

I thank you for taking the time to read our blog, and please feel free to comment with suggestions or thoughts to make your experience here a better one.