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Divorce Lawyers, Wellesley Family Law Attorneys, Modifications, Prenups, Alimony - Wilchins Cosentino & Novins LLP

Family Law

Divorce and Separation

At Wilchins Cosentino & Novins our family law attorneys are committed to helping individuals and families successfully navigate the divorce process. With over 50 years of collective experience, our team of top rated divorce lawyers is able to offer a wide range of legal services to fit each individual’s needs. Experienced in both divorce mediation, and litigation our lawyers will work closely with you to develop the best strategy to protect your interest.

Knowledgeable of the law and the court system in Massachusetts, we provide informed guidance on a wide range of issues including alimony, child support, custody, parenting time and property division. Our family law team also understands that issues related to a family law matter can touch on many other areas of the law. As a midsize multiple practice firm, Wilchins Cosentino & Novins offers the benefit of the assistance of a vast network of seasoned lawyers with expertise in real estate, tax law, and trusts and estates when analyzing, negotiating and litigating your divorce.

Our family law lawyers recognize that negotiation and mediation are not always successful. As well seasoned litigators, we will represent you at every step of the way from attendance at all divorce litigation proceedings, and ultimately a trial if necessary. We have received favorable decisions throughout the Commonwealth for our clients.

Prenuptial and Postnuptial Agreements

Wilchins Cosentino & Novins's attorneys represent individuals throughout the negotiation and preparation of prenuptial and postnuptial agreements. Our lawyers draft these agreements and advise clients regarding the laws governing such agreements and the suitable terms for inclusion in such agreements. We also assist clients with preparing mandatory financial disclosures required in connection with prenuptial and postnuptial agreements. Read more if you are looking for an attorney for a prenuptial agreement.

Post Judgment Modifications and Contempts

Wilchins Cosentino & Novins handles all matters relating to the enforcement of existing court orders and judgments, including preparation and prosecution of complaints for contempt in all counties in Massachusetts. Our work also includes all matters relating to modifications of existing court orders and judgments, including the preparation and prosecution of modification complaints in addition to the defense of such claims — from preparation of the complaint through discovery and trial.

Post Judgment Contempt

Once a Court issues orders regarding your divorce, custody/parenting time and child support, you are required to abide by those orders. However, there are times when a party will not comply with their obligation under the Court orders and a Complaint for Contempt may be filed with the Court to enforce compliance with the orders.

When a party fails to abide by the Court orders, despite having the ability to do so, they may be held in contempt of court. The penalties for a contempt of Court are serious and may include fines and imprisonment.

Common examples of Contempt:

  1. Failure to pay court ordered child support, either the full amount or on time;
  2. Failure to pay court ordered alimony, either the full amount or on time;
  3. Failure to make a child available for parenting time or refusing to return the child when your parenting time has ended;
  4. Failure to provide health insurance for the child or former spouse as ordered by the Court.
  5. Failure to transfer property as ordered in a divorce decree.

The family lawyers at Wilchins Cosentino & Novins have years of expertise initiating and defending against contempt proceedings throughout Massachusetts.

Custody and Visitation

Experiencing any custody or visitation issue can be very stressful for a parent. The family law attorneys at Wilchins Cosentino & Novins are experienced to handle a wide range of custody and visitation matters and understand that everyone’s situation is unique. Our goal is to help our clients obtain a comprehensive parenting plan that meets the best interest of their children through negotiation, mediation or litigation if necessary. Our team has successfully litigated a wide range of issues including complicated custody matters such as parental alienation and removal cases.

Paternity Actions

Wilchins Cosentino & Novins's attorneys represent individuals in connection with the prosecution and defense of paternity actions involving nonmarried parents.  These matters include preparing court pleadings, attending motion hearings, conferences and trial, conducting financial and child-related discovery (including written discovery and depositions of parties and third parties) and negotiating and preparing agreements.

Child Support

Child support is the financial assistance one parent will pay the other when they are no longer together to help with the cost of raising the child(ren) of the parties. Child support in Massachusetts is based on a formula as set forth in the Massachusetts Child Support Guidelines. Although, the formula applies to the majority of child support cases, there are facts that may lead to a deviation from that figure or facts that may be more complicated such as self-employment or complex compensation structures. Often child support can be a hotly contested issue between parents.

Prior to joining Wilchins Cosentino & Novins, Attorney Caroline Vincent Basque served as an attorney in the litigation unit of the Massachusetts Department of Revenue, Child Support Enforcement division. Caroline represented the DOR in actions to establish paternity, and establish, modify and enforce child support orders. Due to her role at DOR, Caroline has a unique understanding of the inner workings of the Department of Revenue and knowledge of child support in Massachusetts.

The experienced family law attorneys at Wilchins Cosentino & Novins have successfully negotiated and litigated a variety of complex child support issues.

Guardianships and Conservatorships

Guardianship and conservatorship proceedings may be required for persons who are physically incapacitated and/or mentally disabled (whether due to mental retardation or mental illness) and unable to conduct their own financial and/or personal affairs. There are also a number of situations where guardians are required to be appointed for children. Sometimes special procedures are required, such as for disputes over the proposed guardianship or conservatorship, the administration of antipsychotic medications as part of a treatment plan, or when extraordinary medical authority is needed.

Wilchins Cosentino & Novins attorneys are fierce advocates in court for our clients; preparing and following through to comply with all of the court-imposed forms, hearings, inventories, accountings and other requirements. With, and on behalf of our clients, we are accustomed to communicating with other professionals that may necessarily be involved in the guardianship or conservatorship process (such as medical doctors, mental health professionals, federal, state and local agencies and court-appointed guardians ad litem). If relevant, estate planning documents, such as trusts, durable powers of attorney and health care proxies are evaluated and incorporated into the process.

In addition to advising and counseling clients regarding a guardianship or conservatorship, in some circumstances our attorneys are asked to serve as the guardian or conservator on a temporary or permanent basis. Our attorneys and paraprofessionals are part of the team that carefully undertakes the fiduciary responsibilities required of a guardian or conservator.

Elder Law & Long-Term Care Planning

Wilchins Cosentino & Novins's elder law attorneys are responsive to the unique and sensitive challenges related to aging and the possible need for long-term care. We help clients understand and adapt to the complex and frequently changing rules about making gifts and protecting their home and other assets from long-term-care costs. Wilchins Cosentino & Novins's attorneys work with clients to develop and implement practical solutions so that they can properly qualify and apply for Medicaid assistance to pay for needed health care and related services, whether they live at home, in assisted living, or in a nursing home.

In addition to planning in advance of a long-term-care need, we also have extensive experience in preparing and filing applications for Medicaid coverage, including subsequent dealings with caseworkers and hearing officers. We can also be a valuable resource for referring clients to qualified elder health professionals, such as geriatric care managers and private and public health care agencies.

Estate planning for elders involves several special considerations because of the very specific rules that apply to long-term-care planning. The lawyers at Wilchins Cosentino & Novins regularly work with elder clients to craft tax-efficient plans suited for their personal needs, including the use of certain types of irrevocable and revocable trusts, wills and testamentary trusts, life estate and special power of appointment deeds, intra-family agreements and transactions, caregiver contracts, long-term-care insurance, reverse mortgages, durable powers of attorney, health care proxies, advance care directives and other important documents.

Wilchins Cosentino & Novins's attorneys help clients file for guardianships and conservatorships when mental and/or physical disabilities prevent a person from being able to competently make decisions about their personal, health and/or financial affairs. Guardianship and conservatorship proceedings take place in the probate and family courts, where our team of attorneys has extensive experience in both amicable and contested cases.