How do I get divorced in Massachusetts?
The are two types of divorce in Massachusetts, contested, and uncontested. Whether it’s divorce contested or uncontested not depend on each party wants divorce, rather it refers to whether they agree on issues the case. Which avenue you choose depends on circumstances your family and the specific issues in your case. Most importantly, it depends on whether you, and your spouse can reach a full agreement on the issues in the case making all issues “uncontested.”
What are some common issues in a divorce?
Every divorce is different because every family is different. Some common issues in a divorce can be: replika óra
- Legal and physical custody of children
- Child Support
- Health insurance coverage and expenses
- Educational expenses for children
- Extracurricular expenses for children
- Childcare expenses https://www.Sunday-Gift.com/
- Marital asset division (marital home, personal property, retirement etc)
- Tax implications
- Division of marital debt
What is an Uncontested Divorce?
An uncontested divorce is the quickest, cheapest and easiest way to get divorced. So why doesn’t everyone do it? Because it requires that you and your spouse reach a full agreement on ALL the issues in your case before you go to court. This is often very difficult when each party is unsure their rights and unsure of fair agreement would be in their situation. Often one or both sposes have unrealistic expecations or demands which makes reaching a full agreement very difficult.
What can an attorney do for me in an Uncontested Divorce?
It is important to remember that a lawyer cannot represent both spouses in divorce. If retained for your case, Attorney Ellis will counsel you on the particular issues in your case and your legal options. She will negotiate with your spouse or their attorney to reach a fair agreement on the issues. If an agreement can be reached, she will draft the necessary paperwork to get the uncontested divorce started. Your spouse only needs to review and sign the documents. Your spouse can have the agreement reviewed by an attorney or proceed self represented. Attorney Ellis will accompany you to court to have the agreement approved and the divorce finalized.
How long will an Uncontested Divorce take?
That depends on how quickly you and your spouse can come to an agreement and the Court’s schedule. Once agreement is reached and paperwork is signed it can take few weeks to court date. www.swiss-copy.me
What happens in Court on Uncontested Divorce?
You will to Court just one time for Judge to review your agreement. Once approved, to law establishes waiting period before the divorce is final. Once the period is over, are divorced without having return to Court. https://www.swiss-watch.xyz/
What will Uncontested Divorce cost me?
That depends heavily on amount of attorney services required to reach agreement. Attorney Ellis offers free phone consults will evaluate your particular case and it cost often flat rate for uncontested divorces. https://www.best-watches.xyz/
What is Contested Divorce?
A contested divorce is one where the parties cannot agree on the issues or one party wishes to start the process immediately. The case begins with party filing Complaint for Divorce in court and serving the other spouse with papers.
What is “No Fault” or “Irretrievable Breakdown” divorce?
Most divorces are filed as “No Fault” divorces. No fault means that no one is blame legally; instead you are citing “irretrievable breakdown” the marriage as grounds for divorce. This is not to say that the parties conduct during the marriage won’t be considered but it is not the basis of divorce. www.bestwatchswiss.com
What is “Fault Based” Divorce?
There are seven “fault” grounds in Massachusetts. With No Fault divorce available, they are seldom used as the basis for divorce. Some recognizable grounds are cruel and abusive treatment, desertion, adultery and impotency. Attorney Ellis can advise you whether fault based grounds are right for your situation and the pros and cons of fault based versus no fault divorce.
What can an Attorney Ellis do for me in a Contested Divorce?
A contested divorce is often litigious and time consuming. Whether you considering filing for divorce or you have been served with papers by your spouse, the divorce process can be overwhelming when you are trying to do it alone. Attorney Ellis will explain to you in depth what your legal options are and how they apply to your case. Attorney Ellis will help you make important decisions about the case and navigate the often confusing and frustrating legal process. She will assist you in obtaining the best result possible for your particular situation. Whether at a Motion Hearing on a particular issue or at full Trial on issues, Attorney Ellis will attempt to negotiate an agreement that works for you and serves the best interests your family. If agreement cannot reached she will zealously argue your position in front of Judge decision can made. She will available to answer your questions and concerns. She will deal with the other party or the other party’s attorney throughout court process you don’t have to. https://www.replicawatchesavenue.com/
What will a contested divorce cost me?
Attorney Ellis offers free phone consultations where she will discuss your particular case and what it will cost. But generally Attorney Ellis will require a “retainer” to start the case. A retainer is a lump sum of money determined on a case by case basis. The retainer is held in a special client funds bank account. Funds are billed from the retainer for work that is completed on your case on a monthly basis. If the case is not completed before the retainer is exhausted, a second retainer is needed. Any money in the retainer that is not used at the completion of the case is returned to the client. The hourly rate and amount for the retainer will depend on the particular issues in case but also depends on number of contested issues, the complexity of issues, the contentiousness of parties and other factors. During free consultation, Attorney Ellis will assess your case and discuss the retainer needed to start work on case.
What if I cannot afford a large retainer but I still need help?
In certain circumstances Limited Assistance Representation (LAR) is available. LAR is new initiative in Probate in Family Court which allows a party to hire attorney on limited basis to help with a part or parts of an ongoing case. The attorney and party negotiate what part or parts of case the party needs help with and what the cost will be. The attorney handles the part(s) the client wants them to and the client handles the rest. Often times flat rate for each part. The rate will depend on particular issues in case but also depends on number of contested issues, the complexity of issues, the contentiousn parties and a attorney responsibilities. During free phone consultation, Attorney Ellis will assess your case and discuss LAR would available for you more information on LAR (click here). bestwatchswiss.com