Fairhaven Divorce Lawyer

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Fairhaven Divorce Attorney

No one enters into a marriage expecting to get divorced. Regrettably, life doesn’t always work out that way. Sometimes, a marriage cannot withstand the consequences of life, and the only option is to seek a divorce. Pursuing a divorce can be an eye-opening experience that makes you realize just how complicated life has become, and divorce can simplify things. A Fairhaven divorce lawyer can help you figure out your next steps.

The Importance of a Divorce Lawyer

Hiring the right divorce lawyer may be the most important decision you make throughout the entire process. You need to hire a lawyer who is tenacious, dedicated, knowledgeable, and, above all, experienced. An experienced divorce lawyer can help you work out a custody agreement between you and your spouse, negotiate an appropriate settlement with your spouse’s lawyer, and ensure that you are not taken advantage of.

A lawyer can keep you focused on the goal at hand and ensure you obtain a favorable divorce settlement. When you decide to hire a divorce lawyer, you need to account for many different factors. For example, you need to hire someone you can trust and rely on. You need someone who is going to devote a significant amount of time to helping you resolve your case.

Your lawyer will represent you publicly and help you make life-changing decisions that will affect your children and your family. You need someone who understands what is at stake for you.

Grounds for Divorce in Massachusetts

Getting divorced in Massachusetts can be a tough, arduous process that takes a long time to fully complete. Massachusetts is a fault state when it comes to divorce, but most cases are filed as “no-fault” to avoid a longer, more complicated divorce process. This doesn’t mean fault divorce is not still an option. When you file for divorce in Massachusetts, you need to establish grounds for the divorce, which is a legal reason for ending the marriage.

Before filing for divorce in Massachusetts, you need to ensure you meet the residency requirements of the state. The residency requirements for divorce are based on where the cause of the divorce occurred. If it happened in Massachusetts, you only have to live in the state with the intention of staying long-term when you file for divorce. If the cause did not happen in Massachusetts, you would have to live in the state for a full year before pursuing a divorce.

If you are pursuing a fault-based divorce, there are certain grounds you will need to prove in order to get the divorce process started. Pursuing a fault-based divorce in Fairhaven, MA is often more costly and time-consuming than a no-fault divorce. Here are some of the grounds you can pursue:

  • Adultery: If one spouse commits adultery, the other spouse can pursue a fault-based divorce. Adultery is one of the oldest grounds for divorce in the state. Adultery can destroy relationships and cause emotional trauma that might never heal.
  • Impotency: Regrettably, in some cases, it might be revealed that one spouse is sterile and cannot reproduce. While pursuing a divorce based on impotence is rare, it is still a valid reason to end a marriage in Massachusetts.
  • Desertion: If one spouse abandons the other with zero intention of ever returning to the marital home, the abandoned spouse can file for a divorce if they can prove the defendant’s intent to abandon.

FAQs

How Much Does It Cost to Get a Divorce in Massachusetts?

There is no set cost to get a divorce in Massachusetts. Every divorce case is different, with its own details and circumstances that will influence the cost. Generally, a no-fault divorce will cost less than a fault-based divorce. Your divorce may cost more if it is more complicated. Dealing with custody agreements and larger asset divisions can make it complicated and more costly.

What Is a Spouse Entitled to in a Divorce in Massachusetts?

In a Massachusetts divorce, each spouse is entitled to an equitable distribution of marital assets. The court will attempt to divide all marital assets equally while considering a number of important factors. These factors include the length of the marriage, any prenuptial agreements, each spouse’s contributions to the marriage, and each spouse’s current financial situation. A 50/50 split may not always happen.

Do I Need a Lawyer for a Divorce in Massachusetts?

No, you legally do not need a lawyer for a divorce in Massachusetts. There is no law that says you have to hire a lawyer to represent you. If you want to pursue the divorce on your own, you are permitted to do so. However, it is recommended that you hire legal representation. You never know when you might encounter a setback you aren’t prepared for. Having someone on your side who knows what to do can be invaluable.

What If I Want a Divorce, but My Spouse Does Not?

If you want a divorce but your spouse doesn’t, there is very little they can do about it. It is not easy to contest a divorce in Massachusetts, as the state allows either spouse to file for a divorce based on the grounds of irreconcilable differences. All you need to prove is that you no longer wish to live with your spouse. If you file a fault-based divorce, your spouse can dispute the fault, but that won’t stop the divorce.

How Much Does a Divorce Lawyer Cost in Massachusetts?

The cost of a divorce lawyer in Massachusetts will vary depending on the complexity of the case. Generally speaking, the more complex the divorce is, the more a lawyer will cost. There are other important factors to consider, such as the location and experience level of the lawyer. Additionally, you must consider the lawyer’s fee structure. Some lawyers charge an hourly fee, and some may charge a flat fee for their services.

Reach Out Today

At Farias Family Law, P.C., we understand the kind of legal assistance you will need in pursuing a divorce. We can help you establish grounds, work out custody or alimony agreements, and make sure you aren’t taken advantage of in the settlement. Contact us to schedule an assessment with a valued team member today.

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