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legal opinion on any specific facts or circumstances. This web site is designed for general information only. Unless and until you enter into a
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MASSACHUSETTS DIVORCE LAWYER
Are you are facing the possibility of divorce? We represent individuals in both contested and uncontested divorce
proceedings in Massachusetts. Some people are not aware, however, that the vast majority of divorces can be settled
before trial. As a result, we often advise certain clients to seek an uncontested divorce. An uncontested divorce may be
appropriate when both parties have agreed to all of the terms of the divorce. They have worked out all of their differences
regarding, among other things, custody, child support, visitation, alimony and division of their assets and liabilities.
We also represent individuals in more contentious divorce and other domestic relations proceedings. Contact us today at
(800) 719-4889 if you are facing the possibility of divorce.
FREQUENTLY ASKED QUESTIONS
We have provided answers to frequently asked questions for the benefit of visitors to our website. Please note, however,
that the use of the Internet or any communication you may have with our firm or any individual member of the firm does not
establish an attorney-client relationship. You should contact us if you wish to speak with an attorney and start the process
of establishing an attorney-client relationship.
How much will my Massachusetts divorce cost?
The answer depends on the level of unresolved issues between the parties. If you do not have minor children and there is
no significant marital property to distribute, for example, filing for divorce may be a relatively inexpensive matter. If,
however, the parties have not worked out all of their differences (regarding, among other things, child custody, support and
visitation rights, alimony and division of assets), then the divorce will cost more since a lawyer will have to spend more time
working on the case. The majority of divorce cases in Massachusetts settle before a trial.
How does the divorce process work in Massachusetts?
A divorce is started in court by the filing of a “Joint Petition for Divorce” or a “Complaint for Divorce”. The Joint Petition for a
Divorce is filed by both parties and is used when the parties have reached an agreement on all issues (e.g., custody,
visitation, child support, alimony and the division of assets and debts). The Complaint for Divorce lists grounds for divorce
and is filed by only one party. It may be used if you are unable to reach an agreement as to all issues.
Actions for divorce are filed in the division of the Probate and Family Court located in the county in which either party lives,
except that the action must be filed in the county where the parties last lived together if one of the parties still resides in
that county.
The parties to a divorce proceeding can either agree to settle or have their case go to trial. Obviously, it is “easier” if the
parties can negotiate a separation agreement (a contract that settles all matters between the parties) by negotiating
between themselves or by having their lawyers negotiate for them. The lawyers then draft an agreement for the parties to
review and sign. With this approach, the Court is involved only at the end of the process.
The divorce hearing is generally short, and the judge’s role is to make sure that the agreement is “fair and reasonable” and
that both parties understand and mean to be bound by the agreement. The case will go to trial if the parties fail to settle.
A trial is when both parties and their lawyers present evidence to a judge by way of documents and testimony from the
parties and other witnesses. The judge will then make final decisions on custody, visitation, child support, alimony, and the
division of assets and debts.
Can a lawyer represent both parties in a Massachusetts divorce?
No. Because of the conflict of interest between both parties.
How long does it take to get a divorce in Massachusetts?
Generally, as long as it takes for both parties to sign a separation agreement, plus four to eight weeks to schedule a court
date.
The divorce will become final either three or four months after the court date. If a case goes all the way to trial, a divorce
can take as long as two years or more.
Are there any preliminary steps I should take?
Divorce is never easy. Nevertheless, there are a few steps you may wish to take to make the process go a little bit
smoother:
- Keep a personal journal. Your attorney will ask you for information about your marriage and the situation leading up
to the divorce decision. Start writing it out now. This will help you sort through the facts and explain them more clearly.
- Collect all financial, legal and other records and change your passwords to all your online accounts. Be advised that
your spouse may not want you to have these documents, so consider collecting them in a safe place outside the
home - maybe your workplace, the home of a trusted relative or friend, or a safety deposit box. The documents you
should collect include bank statements, tax returns, salaries, and debts including credit card statements, mortgages
and auto payments. Include also legal documents, such as marriage certificate, immigration records, passports and
children's birth certificates. Pay close attention to the activity in any joint accounts, including credit lines and credit
cards. Open separate accounts to take care of your present and future expenses.
- Don't sign any papers without consulting a Massachusetts divorce lawyer. Build a strong support system of friends,
family or others you can talk to and who can provide encouragement.
Contact us to speak with a Massachusetts divorce lawyer. We offer a free initial consultation and we are available for
evening and weekend appointments. Click here to learn more about the Massachusetts divorce laws.