Duxbury Divorce Lawyer

Duxbury Divorce Attorney

If you believe your marriage is coming to an end and you think your spouse feels the same way, divorce may be the right option. Divorce can be a stressful and overwhelming process, but it’s necessary if your marriage isn’t working. Even if you know it’s the right choice, you may be facing a lot of questions and uncertainty. Speaking with a Duxbury divorce lawyer can help provide you with some legal direction. With a lawyer on your side, the divorce process is likely to be much easier.

Reasons for Divorce in Duxbury, MA

Sometimes, spouses grow apart as they age; however, that is far from the only reason for a divorce. Other reasons include:

• Adultery. Unfaithful behavior or infidelity could cause divorce.
• Abuse. Any cruel or abusive behavior could lead to divorce. This could be directed at the spouse or children.
• Abandonment. One spouse deserting the other is a reason for divorce.
• Addiction. A history of repeated substance abuse could lead to divorce.
• Incarceration. If one spouse goes to prison, it could be a reason for divorce.
• Lack of support. A spouse not providing the basic needs of the other could be a reason for divorce.
• Impotence. One spouse could be unwilling or unable to have sexual relations with the other.

Modifying a Divorce Agreement

It is possible to modify a divorce agreement in Massachusetts. These agreements are not meant to last forever, and if circumstances or living arrangements change, a modification can be filed. You maintain the right under Massachusetts law to request modifications. Modifications can be used to reduce or terminate spousal support, change child support payments, or update your child custody parenting plan.

• Motion to set aside. This motion asks a judge to vacate the child custody or child support order. Once vacated, the rulings under it are no longer applicable, and it can revert back to an unresolved status.
• Motion for reconsideration. This motion asks a judge to review the case and their previously issued decision based on newly discovered evidence. This could include newly discovered fraud or legal mistakes.

Conversely, a contempt order could be filed for any non-compliance with court orders. Failure to pay child support or spousal support or comply with the parenting plan or property distribution orders could lead to a contempt charge. Before submitting a contempt order, the court may wish to see that a reasonable effort was made to resolve the issue. A reasonable effort can vary depending on the court and case.

Choosing the Right Duxbury Divorce Attorney

Choosing the right attorney is an important first step in the divorce process in Duxbury, MA. You should do your research to find the right fit. Read online reviews and speak with friends, neighbors, and colleagues to gather as much information as you can. You need divorce lawyers who is experienced, a good communicator, and a good listener. You should also inquire about the lawyer’s fees so you have an understanding of the costs before you agree.

A good Duxbury Divorce Lawyer can help you file the necessary paperwork, meet court deadlines, prepare for the negotiation process, and represent you in court if needed. You have the right to an attorney, so you should take advantage of having a legal professional on your side.

FAQs

How Long Does a Divorce Take in Massachusetts?

The time it takes to get a divorce in Massachusetts depends on the conditions of your case. Some divorce processes are longer than others. For example, a contested divorce will almost always take longer than an uncontested one. Additionally, you should consider the cooperation level of the parties involved. If both spouses are amicable, communicate effectively, and know what they want, the process can be much smoother. This is not always the case, and sometimes, it takes weeks to months of negotiation to finalize an agreement.

What Is the Fastest Way to Get a Divorce in Massachusetts?

The fastest way to get divorced in Massachusetts is to file an uncontested divorce, also known as a 1A divorce. Some other tips include filing the divorce documents in person with the court, planning ahead, and speaking with attorneys. If you and your spouse are in agreement with the terms of the divorce, including items such as child support, child custody, property division, marital assets, and any other relevant details, you can present your agreement to the judge for approval.

Do Both Parties Have to Agree to a Divorce in Massachusetts?

Both spouses do not necessarily need to agree to a divorce, but they must both sign the divorce agreement and have it notarized. Experienced divorce lawyers can help you mediate between spouses to reach an agreement. There are instances where you can petition the court to grant a divorce without the other spouse’s signature, provided you meet the state’s residency requirements and you have sufficient grounds for divorce. You can file for divorce and wait for your spouse to be served.

Is It Better to Be the One Who Filed for Divorce?

It is not necessarily better to be the one who filed for divorce, but it can provide some advantages. For example, it can prevent your spouse from hiding their assets. This is not uncommon in divorces, especially ones with high-value assets. Also, as the plaintiff, it allows you to speak first in family court, and then your spouse, the defendant, will have a chance to speak.

Is Massachusetts an Uncontested Divorce State?

Massachusetts is one of the few states that allows for both fault and no-fault divorces. One may choose to file an at-fault divorce because it can provide advantages. It can greatly influence child support, child custody, spousal support, marital assets, and property division. Typically, at-fault divorce lead to contested divorce, and no-fault divorce are uncontested divorce. If you have a significant reason for divorce, such as adultery, addiction, or abandonment, you should consider filing an at-fault divorce.

Legal Support You Need

Filing for divorce is an unfortunate circumstance that many couples find themselves in. This is a critical time in your life, and it’s vital that you get quality legal support. At Farias Family Law, P.C., our legal team has decades of legal experience, and we can employ the compassion, dedication, and determination you deserve. Contact us today to see how we can help.