Mansfield Divorce Lawyer

Mansfield Divorce Attorney

Divorce can be a stressful time for everyone involved; it can have a life-long impact on the children and any family members related to the spouses. It’s crucial that this process is done correctly. If you or someone you know is going through a divorce in Massachusetts, you need the help of a skilled Mansfield divorce lawyer. A lawyer can help you navigate the state family law system, ensure your divorce is properly processed, and answer any questions you have during the process.

Divorce Requirements

There are two main requirements that must be met to file for divorce in Massachusetts.

• One of the spouses must live in the state, and the cause of the divorce must have occurred here. Living in the state means your domicile is in Massachusetts. Merely having a mailing address does not meet the requirement.
• One spouse must have lived in the state for more than a year. If the court finds that the filing spouse moved to the state to obtain a divorce and they have not lived here for more than a year, the divorce will not be processed.

Divorcing an Uncooperative Spouse

It’s not uncommon for divorce to bring out the worst in people, even people who have a long history of marriage. If your spouse has a history of petty, controlling, or uncooperative behavior, you should expect the same during the divorce process. Your spouse will likely attempt to control or manipulate you into believing they know the law better than you or they know what you should do.

If you are in this situation, there are a few things you should do to be prepared.

• Consult with a lawyer. A lawyer has a legal duty to advise you according to your interests. A good lawyer can listen to your wants and concerns, align themselves with your mission, and help you seek a resolution. A lawyer is vital in this situation; proceeding without one is often setting yourself up for failure.
• Gain an understanding of child support and spousal support laws in Massachusetts. You should educate yourself on how these laws work and how they could affect your specific situation. You should direct all questions to your lawyer.
• Set aside some cash. In extreme circumstances, you could lose access to your bank accounts.

Types of Divorces

Before filing for divorce, you should first determine which type of divorce you are likely to experience. There are two main types of divorce in the state.

• UncontestedAn uncontested divorce, also known as a 1A divorce, means both spouses agree to the terms of the divorce agreement. They both agree the marriage is broken beyond reconciliation, and agreements have been reached on all matters, such as child custody, child support, property division, parenting time, etc. This kind of divorce can be filed at your local courthouse. Although you may file without a lawyer’s help, you run the risk of making legal mistakes.You should at least have a lawyer review your divorce agreement before you file it. There is a lot at stake, especially if you have a high income or net worth. A lawyer can also assess the child custody language and ensure it legally aligns with your interests.
• ContestedA contested divorce, also known as a 1B divorce, happens when spouses cannot agree to the terms of the divorce. They may agree the relationship is over, necessitating divorce, but they may not agree on items such as child custody, child support, or property division. Contested divorces almost always need a lawyer present to help with the negotiation.These divorces will include periods of mediation and negotiation. These are times for spouses to communicate their wants and desires post-marriage and how they plan to care for their children.

One could argue that uncontested divorces are better than contested ones because they are faster, cheaper, and usually less stressful. While this may be true, the outcome is the important thing when it comes to divorces. No matter how long it takes or how much it costs, it’s worth it to get what you desire and what’s right for the children. Engaging the help of an experienced divorce lawyer can seriously increase your chances of achieving this, no matter what kind of divorce it is.

Mistakes to Avoid

It is easy to make mistakes that will negatively impact your divorce proceedings. Some of the common mistakes you should avoid in Massachusetts divorces are:

• Thinking you will explain your story to the judge. If your case were to proceed to court, there are strict rules regarding how evidence is presented and what can and cannot be said. You shouldn’t assume you will get to explain your story candidly in court.
• Underestimating your expenses. You shouldn’t think short-term. Divorcing spouses commonly underestimate the big financial picture. Think about your long-term living expenses instead of focusing on your daily cash needs. It’s a good idea to write down your expenses and create a realistic monthly budget.
• Meeting your spouse alone. You should avoid discussing your case without your lawyer present. A spouse may pull on your emotional strings in an attempt to meet you alone. You should avoid this temptation. It is important to focus on ensuring your needs are met after your divorce, and a meeting alone with your spouse has the potential to cause damage. This is especially true for divorces involving high-net-worth individuals. Your lawyer is your protection, so include them in every conversation.
• Rushing the settlement. It may be tempting to settle the divorce as soon as possible. However, you must remember it’s important to get it right. Once the divorce is finalized and the agreement is signed, it’s over. Rely on the advice of your lawyer to ensure you get the agreement that’s right for you.

FAQs

Q: What Is the Average Cost for a Divorce Lawyer in Massachusetts?

A: There is no average cost for a divorce lawyer in Massachusetts, as there are several key factors to consider that will significantly affect the costs. For example, the fee structure of the attorney is important. Some lawyers charge a flat fee, and some may charge an hourly fee. Additionally, the complexity of your specific divorce case will influence the costs. Finally, you are paying a lawyer for their knowledge, experience, and reputation. You can expect the more reputable and experienced attorneys to cost more.

Q: What Is a Wife Entitled to in a Divorce in Massachusetts?

A: A wife is entitled to equitable division of marital assets and liabilities in a divorce in Massachusetts. Marital assets and liabilities can include anything the couple acquired during their marriage unless it was inherited or specifically mentioned in a prenuptial agreement. This division of property does not have to be exactly equal, but it must be fair. Separate property is property that was acquired before the marriage, and it is not subject to be divided during divorce.

Q: Does It Matter Who Files for Divorce First in Massachusetts?

A: It usually does not matter who files for divorce first in Massachusetts. Filing first does not grant any unique rights, and it will not make a significant difference in the outcome of the case. The filing spouse may be more prepared for the divorce because they initiated it, and the other spouse could be caught off guard. However, with an experienced divorce attorney on your side, it shouldn’t matter whether you file first or not.

Q: Do I Need a Divorce Lawyer in Massachusetts?

A: While you are not legally required to have a lawyer for divorce in Massachusetts, it can be very beneficial. Understanding divorce laws and navigating the state legal process on your own can be challenging. You need someone with legal experience on your side. It’s always a good idea to get legal advice anytime you’re dealing with something as serious as divorce. This is a life-changing process that can have permanent consequences. It’s important to get it right.

Q: How Long Does a Divorce Take in Massachusetts?

A: A divorce in Massachusetts can vary in length depending on the complexity of the divorce. If there are other issues involved, such as child support, child custody, property division, spousal support, etc., it can lengthen the process. It will also depend on if you file for an uncontested or contested divorce. Uncontested divorces can typically be resolved within weeks, while contested divorces can take up to several months to finalize. Discuss your case with a lawyer to learn more.

A Legal Team Ready to Help

Divorce can be a very mentally and emotionally challenging process. It’s a difficult time in your life; divorcing a spouse is not always easy. Along with the emotional challenges, there are legal obstacles you have to sort through. You can expect legal deadlines and documentation requirements. This whole process can be overwhelming to those who have no legal experience. If you are going through or are expecting to go through a divorce, you need legal support.

At Farias Family Law, P.C., our legal team is committed to serving Massachusetts residents who need help with their divorce cases. We are a premier divorce law firm that can assist with everything from divorce, child custody, alimony, property division, and any other family legal issues that may arise. Contact us at one of our offices today to speak with a member of our legal team.