Berkshire County Probate & Family Court
Divorce, paternity, custody, and other family law matters in Berkshire County are handled out of our Springfield office and convenient our offices in downtown Pittsfield. To learn more about how we can help you, call (800) 763-1030 or contact us online to set-up an appointment at any of our other local offices.
The Probate and Family Court has jurisdiction over all divorce- and paternity-related matters. The Berkshire Division oversees all matters filed from residents in the following cities and towns: Adams, Alford, Becket, Berkshire, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, Mount Washington, New Ashford, North Marlborough, North Adams, Otis, Peru, Pittsfield, Richmond, Sandisfield, Savoy, Sheffield, Southfield, Stockbridge, Tyringham, Washington, West Stockbridge, Williamstown, and Windsor.
The family court judges assigned to the Berkshire Division of the Probate and Family Court Department are most often First Justice Edward J. LaPointe and the Honorable Richard A. Simons. The courthouse is located at 44 Bank Row in Pittsfield.
In Berkshire County, An Attorney Can Make A BIG Difference With Your Case
There’s no legal requirement that you hire a lawyer for Pittsfield divorce matter, but the judges seated in Berkshire County are not easily inclined to have sympathy on pro se litigants. To do otherwise would give the party who is not represented by an attorney an unfair advantage over a litigant represented by legal counsel.
When you do interview divorce attorneys, make sure to find a law firm with deep roots in the Western Massachusetts divorce courts. Your attorney will take this vault of information and guide your case through the system. He or she will quickly know what will get you in trouble with either of the two judges, and will advise you what you should say and what you should not say. Having an attorney with this wealth of knowledge by your side is an invaluable asset.
Once a case is filed, our attorneys often file motions (requests for the Court to order some sort of relief). These motions may seek child support, custody, payment of household expenses, or that neither party leave the Commonwealth with the children without written permission from the other parent, with no request to be unreasonably denied. Motions are filed with the court, and scheduled to be heard by a judge.
Procedural Rules Differ In Western Massachusetts
In Berkshire County, the Court has designated every Wednesday as “Motion Day.” When a judge hears arguments on a motion from both sides, he or she will typically allow the motion, or deny it at the time said motion is heard. On rare occasions, the judge will take the matter “under advisement,” which means the court will issue its ruling, in writing, soon thereafter.
If you and your spouse have children, no matter which judge handles your divorce, paternity, modification, or contempt matter, the hallmark “best interest of the child” principle will apply. Additionally, all parties to a new divorce action where there are minor children will be ordered to attend and participate in an approved Parent Education Program. No Pre-Trial Conference or trial will be held by the court until they receive a certificate of attendance from an approved program for each party to the action.
The mere fact that you’re reading this suggests that you’re either thinking about divorce or you’re already involved with the Berkshire County Probate and Family Court. You should know that all domestic relations matters are filed as either contested or uncontested. If you and your spouse are on the contested track, you are leaving those unresolved matters up to a judge. On the other hand, if you and your spouse can work on resolving your case (recognizing how both of you will need to give a little and take a little), you can retain control of how your marriage ends. You’ll also save the time it takes to get divorced, you’ll save on legal fees, and prevent the toxic effect divorce can have on children. To learn more about uncontested divorce, contact our sister firm, FlatFeeDivorceAttorney.com.
In Berkshire County, the Attorney That You Hire Should Give You A “Home-Court Advantage”
While every judge applies the same set of laws, each interprets statutory law and handles its procedures a little differently from the judges and courthouses in the other counties. For that reason, our attorneys are assigned to specific regions and courthouses. By working day in and day out in the same places, we know how things work.
Does that mean we litigate every case? No. However, we do prepare each case as if it is going to trial. We believe our preparation and willingness to go to court leads to more favorable settlement offers.
Local Divorce Attorneys in Berkshire County
To learn more about how to put our 40+ years of combined legal experience to work for you, e-mail us or call (800) 763-1030 for a free, no-obligation consultation. While our main Western Massachusetts offices are in Springfield and Worcester, we avail ourselves for appointments in Pittsfield and North Adams. This enables us to serve men and women with divorce, paternity, modification, and contempt matters in New Marlborough, Southfield, Otis, Mill River, Great Barrington, Lee, Lenox, North and South Egremont, Sheffield, Stockbridge and West Stockbridge.
