why should i get a divorce lawyer in ma

A divorce lawyer in Massachusetts will guide you through the process, provide advice about your rights and offer you support throughout the difficult time. Divorce lawyers in Massachusetts are experienced professionals that understand the process of how to handle all aspects of your divorce or separation.

Full Answer

Do I need a lawyer to get a divorce in Massachusetts?

The first thing to understand before choosing to divorce without a lawyer advice is the types of divorce available to you in Massachusetts. There are two statutes that have helped name the two types of divorces – a “1A” divorce and a “1B” divorce.

Why do I need a lawyer to get a divorce?

By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce.

How much does it cost to get a divorce in Massachusetts?

How much will it cost? When you file for divorce in Massachusetts, you must pay a $200 divorce filing fee, a $15 divorce filing surcharge and a $5 divorce summons charge. You can request that these fees be waived if you are too poor to afford to pay them.

When should I hire a divorce attorney?

If your marriage has any complicated issues to settle, an attorney can be an invaluable resource. For example, if there is child custody and support issues, substantial income, debts, assets or future assets (an inheritance, etc.) then you should hire an attorney to protect your interests in a divorce.

Who pays for the divorce lawyer in Massachusetts?

In a typical Massachusetts divorce, each party pays his or her own legal fees and expenses. This is consistent with the so-called “American Rule”, which provides that parties pay their own legal fees in Massachusetts court cases. See Wong v. Luu, 472 Mass.

What is the average cost of a divorce in Massachusetts?

According to Findlaw, the average cost of a divorce in Massachusetts is $12,000+. No matter your individual situation though, you should be able to get a rough estimate based on some of the factors that influence the cost of a divorce and apply those to your situation.

What is the average retainer fee for a divorce lawyer in Massachusetts?

On average, Massachusetts divorce lawyers charge between $250 and $305 per hour. Average total costs for Massachusetts divorce lawyers are $10,600 to $12,800 but are typically significantly lower in cases with no contested issues.

Does it matter who files for divorce first in Massachusetts?

Filing first for divorce does not matter in Massachusetts. The first person to file will choose the grounds for divorce or whether to file a no fault divorce.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

How are assets divided in a divorce in Massachusetts?

If a court, rather than the couple themselves, is deciding how to divide assets, Massachusetts law (Chapter 208, Section 34) specifies that “the court may assign to either husband or wife all or any part of the estate of the other.” In other words, the court can take all the property of one spouse, even premarital, and ...

How much does a no fault divorce cost in Massachusetts?

For example, if you have an “uncontested” divorce (under Chapter 208, Section 1A), the cost of your divorce will be somewhere between $220 (the approximately filing fee cost, assuming you don't have attorneys) and $5,000. Typically, our firm can complete a relatively simple “1A” divorce between $3,500 and $5,000.

How long does uncontested divorce take in Massachusetts?

90 to 120 daysAn uncontested divorce will finalize within 90 to 120 days. If there is a separation agreement involved, the timeline is closer to the 120 days. There are simplified divorce procedures for people who are in complete agreement and they may apply to you.

Is alimony required in Massachusetts?

Marriages of 15 years or less — Alimony can't be required for more than 70 percent of the number of months you were married. Marriages of 20 years or less — Alimony can't be required for more than 80 percent of the number of months you were married.

How is alimony calculated in MA?

Under the new law, the amount of alimony can be between 30-35% of the payor's income....Legal Practice Tools: Massachusetts Family Law.Length of MarriageDuration of Alimony0 to 5 Years50% length of marriage6 to 10 Years60% length of marriage11 to 15 Years70% length of marriage16 to 20 Years80% length of marriage1 more row

Can a judge deny a divorce in Massachusetts?

A Massachusetts Probate and Family Court judge will have to approve it to finalize your divorce, even if you are filing a joint petition. A judge may only reject a separation agreement if the terms aren't fair to both spouses or if it is not in the best interests of the child.

What does a divorce lawyer do?

A divorce lawyer can help you focus on the “Big Picture”. While you may be solely focused on “winning” the case, a family lawyer will concentrate on creating the best deal possible – which may mean helping you to compromise on some issues so that you can get more of your “must haves.”.

What is a good deal in divorce?

In divorce, a good deal is one where both sides gave up some of what they had hoped to gain, but both can live with the settlement – literally. Family lawyers represent individuals with finite resources, not big corporations who have unlimited money to throw at a case, so they know cost is important.

What does it feel like to go through a divorce?

Going through a divorce can feel like being buried alive under a mountain of paperwork to be filled out and filed with the court. Knowing which forms you’ll need for your unique situation can be challenging, and collecting all the information to complete them can be both difficult and tedious.

What are the emotions of divorce?

Divorce is an extremely emotional time for both spouses. You may experience feelings of sadness, betrayal, fear, depression, rage, confusion, and resignation – sometimes all on the same day!

What to do if you take your case to court?

A family lawyer can evaluate your situation and let you know the likely outcome if you take your case to court. Based on their experience with the judge and similar cases to yours, they’ll be able to offer a variety of legally-acceptable options to settle your case. If you and your spouse represent yourselves, you may agree on items that the judge will reject; when that happens, you’re causing more work and more delay for yourself, your spouse, the judge, and the court system. A lawyer will help you create a reasonable settlement proposal; if the proposal is coming from the other side, your lawyer will let you know whether to settle, make a counter-proposal, or fight it out in court.

What does a lawyer do?

A lawyer will help you create a reasonable settlement proposal; if the proposal is coming from the other side, your lawyer will let you know whether to settle, make a counter-proposal, or fight it out in court. 4. One word: paperwork.

Is divorce a complicated process?

However, most people find divorce to be a complicated and confusing process, and they’re grateful to have an experienced family lawyer to help guide them through it. You’ll need to make a lot of decisions that will affect the rest of your life – at a time when emotions may overwhelm your ability to think clearly.

2. A Solution-Oriented Divorce Lawyer Can Help You Avoid Costly Legal Battles

I have a surprise for you. Contrary to what you might have heard, there are no winners in a legal battle. Legal battles are costly, both in financial and human terms. Legal fees quickly add up, and the money you need to get your life back on track or send your kids to college can easily go to paying the divorce lawyers.

3. Your Divorce Lawyer Can Help You Understand Your Rights

To achieve the best outcome in a divorce proceeding, you must understand your rights.

Get the Ball Rolling: Schedule a Consultation ASAP

Schedule a consultation with a divorce lawyer to better understand your individual case, what to expect, and how to get the ball rolling.

Do I Need a Divorce Lawyer?

Couples who agree on certain legal issues and get an uncontested divorce don’t need to hire a lawyer. Those who opt for a contested divorce should hire a professional as they will need assistance in court.

Should I Get a Contested or Uncontested Divorce?

An amicable separation is always a better option. We listed a few benefits of an uncontested marriage termination:

Get an Uncontested Divorce and End Your Marriage Without a Lawyer

Getting an uncontested divorce requires you to agree on the following issues with your spouse:

Can You File Divorce Papers Without a Lawyer?

You can file divorce papers yourself because most forms can be found at your local county house or the official government website, so you can complete and file the documents with the county clerk. Note that you will have to pay the filing fee. If you can’t afford it, you could be able to get a fee waiver.

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Why should I hire an attorney for divorce?

For example, if there is child custody and support issues, substantial income, debts, assets or future assets (an inheritance, etc.) then you should hire an attorney to protect your interests in a divorce.

What can an experienced attorney do during a divorce?

Expert Advice. Advertisement. An experienced attorney can help a person to make certain to receive everything that he or she deserves during a divorce. State laws do not necessarily support an even split of assets depending on the couple's situation.

How to reduce stress in divorce?

Reduce Stress. Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you, he or she will take care of almost everything else, allowing you more time to take care of yourself and your family.

Why do people make mistakes in divorce?

If you simply forget to address an issue such as medical or credit card debt or if you underestimate or overestimate the value of an asset, you can make a significant mistake in a divorce proceeding. Such a mistake may cause financial harm or will require future legal proceedings to correct. By hiring an attorney, you can rest assured that you case is being properly handled the first time and that you are avoiding costly mistakes that you might regret for the rest of your life.

Can I file for divorce on my own?

If you are seeking a divorce, you may be tempted to file for divorce on your own using court provided documents or information from a book or website. While a do-it-yourself divorce may be acceptable in some situations, most people should consider hiring an attorney to represent their interests. Here are five reasons that a person should consider ...

Can a divorce decree be enforceable without an attorney?

By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce.

Can a divorce decree be reviewed?

Though a court will review any divorce documents that you present, the court may not understand what you are trying to do on each point of the divorce. This may result in a divorce decree that states something other than what you intended. By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce.

What is divorce in Massachusetts?

Divorce. In Massachusetts, divorce is a permanent and legal end to a marriage. All ties are severed, assets are divided, custody and alimony issues are resolved, and each spouse goes their separate way after an Absolute Decree is issued by the courts.

How long does it take to get divorced in Massachusetts?

In Massachusetts, the Probate and Family Court official time-standard for contested divorces is 14 months This means that the divorce process, from filing to entry of a judgment, should take no more than 14 months. But depending on the court backlog and the parties’ particular needs, the process may take longer.

Why don't spouses want divorce?

Some spouses do not want to get a divorce because of religious reasons, or it may allow one spouse to remain on the other’s health insurance. There may also be tax advantages in some cases as well. In addition, if a person is not a U.S. citizen and they get a divorce, they run the risk of deportation.

What is the difference between a fault based divorce and a no fault divorce?

In a fault-based divorce, the person filing for the divorce (the plaintiff) must prove that the defendant has committed one or more acts that by law, allow for a divorce to proceed.

What happens if you know your spouse is already married?

Your marriage is void if: One of you was already married to someone else and the other didn’t know. This is referred to as bigamy. If a person knew their spouse was already married before they married them, then they must request a divorce, not an annulment. You married a close relative or a close relative by marriage.

How to get a divorce certificate?

To get a certificate of Divorce Absolute, you will need to complete a brief form and pay a $20 fee. You can then either mail the form and payment to the courthouse where you’re requesting a copy from or you can visit the courthouse and request a copy in person.

What happens if you don't get married?

If you weren’t legally allowed to marry in the first place and the state won’t approve such a marriage, it’s called a void marriage. If you weren’t legally permitted to marry because of a particular problem, but the state will allow you to choose to remain married, you have a voidable marriage.