Norfolk Divorce Lawyer

Norfolk Divorce Attorney

If you believe your marriage has broken down past the point of reconciliation, divorce is the answer. Divorce is a complex process that will impact your life in many ways for years to come. If you are planning to divorce, a Norfolk divorce lawyer is an invaluable asset who can make the process much easier, potentially turning the negative aspects of the experience into a positive force for change. It’s vital to have legal counsel for this process.

Divorce Representation in Norfolk, MA

The team at Farias Family Law, P.C., offers compassionate legal counsel to divorcing clients in Norfolk and surrounding communities. Many people enter divorce proceedings prematurely and hold to common misconceptions that leave them feeling lost as their cases begin to unfold. With our team’s assistance, you can approach your divorce with confidence and have a better chance of reaching the result you hope to see.

Our approach to divorce representation focuses on the client’s individual needs. While every divorce case in the state will follow a similar framework, every case is unique, and every divorcing person will have different needs, goals, and expectations for their case. We take time to listen to our client, understand their needs and concerns, and identify their biggest obstacles and potential opportunities in their cases.

There are many procedural steps you will need to complete to finalize your divorce and reach a positive outcome, and the earlier you consult with legal counsel, the more likely you will be to handle the situation effectively. Our team can help address every element of your divorce and prepare you for the family court proceedings ahead of you.

Grounds for Divorce in Massachusetts

Couples in Massachusetts have options when filing for a divorce based on fault or no fault. This allows them to choose what most appropriately suits their needs. The most often utilized method, no-fault divorce, is predicated on an “irretrievable breakdown” of the marriage. This indicates that there is no realistic prospect of reconciliation, and the couple is unable to continue with marriage. A 1A or 1B divorce are the two no-fault options available in Massachusetts.

When both parties concur that the marriage is irretrievably shattered and have already resolved all issues, including child custody, property division, and support, a 1A divorce is uncontested. This streamlines and expedites the procedure.

Contrarily, a 1B divorce is contested, which indicates that although the marriage is irretrievably destroyed, the parties are unable to come to an agreement over the terms. This means in order to resolve disputes, the court must get involved, lengthening the process.

Fault-Based Divorce in Massachusetts

Massachusetts permits fault-based divorces. However, they are less prevalent. These consist of abuse, abandonment, persistent drunkenness, adultery, and incarceration. The process of pursuing a fault-based divorce can be complicated because the filing spouse needs to present proof of the other spouse’s wrongdoing. Divorces based on fault are typically more expensive, time-consuming, and contentious.

Your unique scenario will determine whether you choose a fault-based or no-fault divorce. Most couples choose no-fault in order to save themselves from stressful and protracted court battles.

What Does Divorce Involve?

Dissolution of a marriage contract is more complex than many people realize. Divorce entails many legal mechanisms, all of which must be addressed before a divorce order can be finalized. It’s possible for this to take a long time when divorcing individuals are unprepared for their proceedings and/or attempt to handle it alone. Generally, a divorce is a multifaceted family court case that can involve several important factors, such as:

• Property division. Massachusetts enforces the equitable distribution rule for divorce, which means all marital property needs to be divided fairly but not necessarily equally. All property owned by both parties is subject to equitable distribution in divorce, including property held individually by both parties. Both spouses will need to submit financial disclosure statements as part of the property division process.
• Child custody. If parents divorce, determining custody of their children will be the focal point of their case. The court has a duty to preserve the best interests of any child affected by a court order, and each divorcing parent will have the opportunity to make their case for custody. A child custody determination dictates who can make important decisions for the child and where the child will spend their time.
• Child support. If one parent assumes greater custody rights than the other, they become the custodial parent, and the noncustodial parent must pay child support. Payments typically continue until a child turns 18, but may even last until age 23, and the amount that must be paid hinges on the financial needs of the child and the respective incomes of the parents. It is possible to request a modification to a support order in the future as required by unexpected events.
• Alimony/spousal support. When one divorcing spouse earns substantially more money than the other spouse, the lower-earning spouse could be awarded alimony as an element of their divorce. The amount that must be paid hinges on the difference in income between the spouses, and the length of time that payments continue depends on how long the marriage lasted.

If a divorcing couple has a legally enforceable prenuptial contract, this contract may act as a blueprint for some of the financial aspects of their divorce. It’s also possible for a divorce to involve other complex issues such as domestic violence, in which case a divorcing spouse needs to have reliable legal counsel so they can ensure such issues receive appropriate consideration from the court.

Preparing for Divorce in Norfolk

One of the most important aspects of preparing for your divorce in Norfolk is financial disclosure. Both spouses must provide the court with complete and accurate financial statements for the purposes of property division and support determination. It is vital to be truthful in your financial statement, and your attorney can help ensure you meet your legal obligations. They can also assist you if you believe your spouse has lied in their disclosure.

It generally does not matter which spouse files for divorce, and being the filing party offers little legal advantage if any. The only thing that can be considered an advantage is that the Plaintiff goes first at a pretrial hearing and trial. But going last has its advantages too. Many people mistakenly assume that being the one to file positions you as the victim in the divorce and increases the chances of the judge viewing your position more favorably, but this is not the case. Once a divorce is filed, it may proceed to mediation or litigation.

Most divorces begin in a contested state in which the spouses disagree on aspects of their divorce, and the goal of divorce proceedings is to move to an uncontested state in which the divorce order can be approved. During negotiations, the divorcing spouses can attempt to work out aspects of their divorce privately in their efforts to reach uncontested status. In litigation, a judge will consider evidence and testimony presented by each spouse.

FAQs

Find Your Norfolk Divorce Attorney Today

Farias Family Law, P.C., offers compassionate, responsive, and detail-oriented legal counsel for all the issues your divorce entails. We can help gather the evidence and documentation you will need to submit for your proceedings and do everything we can to help you feel more confident about the divorce process. This is an inherently emotional experience, and trustworthy legal representation can be an invaluable asset.

Our team is ready to provide the support you need for your impending divorce case. If you are ready to learn what a seasoned Norfolk divorce attorney can provide in your situation, contact Farias Family Law, P.C., today and schedule a case assessment with our team.