All FAQs

Probably the most common question we receive and the most difficult question to answer.  The cost of any matter is related to many often unknown factors.  The Attorneys at Schwartz & Plante charge an hourly rate for the services they provide. Each lawyer’s hourly rate is the same for every client.  The attorneys often request an advanced payment called a “retainer fee” which is held in escrow for the client to be used by the lawyer as the case progresses. Each lawyer provides an initial consultation, then with an understanding of the issues and complexity of the case is able to quote both a retainer fee, as well as an estimate, but not guarantee, the overall projected cost of the matter. Our firm provides monthly bills, detailing our work and the charges for the work. 

Massachusetts law now allows lawyers in our firm to unbundle their services and provide “limited appearance representation” for those parties who wish to hire a lawyer for a specific purpose to handle one or a limited number of pieces of their case, to limit the cost and to maximize a lawyer’s usefulness in cases where a lawyer’s help on a particular issue or proceeding is requested, without need to have the lawyer involve in the entire case.

The lawyers at Schwartz & Plante know that as families grow and change, often times Judgments from the Probate Court must do so too.

In many instances, yes, Judgments of the Probate Court are modifiable based on various changes in circumstances. Most often, Judgments relating to child custody and parenting time, child support and alimony, health insurance and life insurance are modifiable based on some change in circumstances that requires a review and modification of the existing judgment.

In other instances Judgments are not modifiable according to Massachusetts law, and it often depends on the certain case specific factors.

Having your prior Judgments from the Probate Court reviewed by the experienced lawyers at Schwartz & Plante can help you understand what changes can be made.  

Yes, Prenuptial Agreements are enforceable under Massachusetts law. However, Massachusetts law requires significant steps take place to make the agreement enforceable.  Having one of our qualified Attorneys represent you during the Prenuptial drafting process will make sure that you enter your new marriage fully protected.

The Attorneys at Schwartz & Plante are deeply experienced in the respectful negotiation and drafting of Prenuptial and Postnuptial Agreements. We develop agreements that protect our clients’ assets, while understanding the delicate nature of the existing intimate relationships that require these agreements.  Additionally, the Attorneys at Schwartz & Plante are extensively experienced in litigation seeking to enforce a proper Prenuptial Agreement or set aside an improper Prenuptial Agreement.

Massachusetts law allows a parent to ask the Court to allow them to move to a state or country other than Massachusetts, if a “real advantage” exists in support of the move.  This is called “removal”.  Many parents feel the need to seek removal for familial support, changes in employment and other financial opportunities that may exist.

The Attorneys at Schwartz & Plante have extensive trial and appellate litigation in the area of removal law, including the negotiation of agreements to allow removal.  Additionally, both Attorney Schwartz and Attorney Plante have had extensive trial experience in removal matters, both seeking removal, and defending against removal.  Additionally, Attorney Plante has argued before the Massachusetts Appeals Court on removal related appeals.

Meeting with an Attorney at Schwartz & Plante can allow a qualified attorney to review the specific facts of your case, explain the law, and discuss with you the options that might exist with respect to your particular case.

No.  And they shouldn’t be. 

The Attorneys at Schwartz & Plante believe strongly that every custody arrangement and parenting plan needs to be individually tailored to address a families’ particular needs.  We pride ourselves on working with our clients to understand their particularized needs, and the needs of their children so we can create a meaningful plan that works for our client and their family.

It is certainly true that Massachusetts courts have evolved over recent years to increase their willingness to consider sharing physical custody with equal or substantially equal parenting time between parties to a divorce.  Even with this evolution, Massachusetts courts still seek to implement parenting plans that work for each individual family.

The Attorneys at Schwartz & Plante recognize that no one custody arrangement or parenting plan is suitable for every family.  Our Attorneys will work with you to understand your needs, and the needs of your children, to draft a custom parenting plan that works for your family.  

Massachusetts recognizes two forms of custody.  Legal custody is the parental responsibility to make major life decisions for children, and generally relate to medical, therapeutic and academic decisions.  Physical custody is where the children primarily reside, and relate to the day to day decisions of a child’s life.  

The Attorneys at Schwartz & Plante will work with you to understand your children’s needs and draft a custodial arrangement that works for you and your family.  Additionally, the Attorneys are highly experienced in both negotiating comprehensive custody and parenting plans as well as strongly litigating, when necessary, to achieve a custody and parenting plan that works for our clients and their families.