Wife awarded sole physical custody of child and child support

Worcester Probate and Family Court
Divorce Lawyer Michael Franklin

Attorney Franklin represented the wife in a 6 year marriage.  This was wife’s second marriage and husband’s first.  Wife brought one child into the household from her first marriage and the parties had one child together.

Husband owned the marital home prior to the marriage.  The equity in the marital home was approximately $41,000.00.  Wife argued she contributed to mortgage payments and major house renovations during the marriage.

Wife agreed to give the husband joint physical and legal custody of the parties’ 5 year old child at a hearing for Temporary Orders in the initial phase of the proceedings.  She also agreed to move out of the marital residence.  Wife also agreed that husband would not be required to pay her child support.  She was not represented by an attorney at the time.  Husband was represented by an attorney.  Wife did not understand the ramifications of the agreement and hired Attorney Franklin soon afterward.

  Wife sought full legal and physical custody of the minor child, child support and fifty percent of the equity in the marital home due to the contributions she made to the mortgage and renovations of the marital real estate.  Alternatively, husband sought sole physical and legal custody of the minor child.  Further, husband argued that wife was not entitled to any equity in the marital home.

 Results: After a four day trial in Worcester Family Court, the Court awarded the wife sole physical custody of the minor child, ordered the husband to pay wife child support and 39% of the equity in the marital real estate.

Worcester divorce lawyer, Attorney Michael Franklin represents clients in all jurisdictions of Worcester Probate and Family Court including Ashburnham, Athol, Auburn, Barre, Berlin, Blackstone, Bolton, Boylston, Brookfield, Charlton, Clinton, Douglas, Dudley, East Brookfield, Fitchburg, Gardner, Grafton, Hardwick, Harvard, Holden, Hopedale, Hubbardston, Lancaster, Leicester, Leominster, Lunenburg, Mendon, Milford,Millbury, Millville, New Braintree, North Brookfield, Northborough, Northbridge, Oakham, Oxford, Paxton, Petersham, Phillipston, Princeton, Royalston, Rutland, Shrewsbury, Southborough, Southbridge, Spencer, Sterling, Sturbridge, Sutton, Templeton, Upton, Uxbridge, Warren, Webster, West Boylston, West Brookfield, Westborough, Westminster, Winchendon, and Worcester, Massachusetts.