Norwell Divorce Lawyer

Norwell Divorce Attorney

Even if you and your soon-to-be ex-spouse are amicably divorcing, you deserve counsel and representation who can protect your interests and rights while helping you navigate the divorce process. These complicated legal matters can be stressful along with both financially and mentally exhausting. From the split of marital property to keeping in mind the interests of any involved minor children, the assistance of a Norwell divorce lawyer is essential.

The attorneys at Farias Family Law, P.C. are committed to offering our clients sound and experienced legal advice as they navigate their divorce proceedings. From assisting you with the filing of certain paperwork to representing you in family court, we are here to support you and your needs first and foremost. Don’t hesitate to reach out to us today. We are here to guide you through every step of the process and ensure your rights are protected and fought for.

What Constitutes a Divorce in Massachusetts?

In the state of Massachusetts, both fault and no-fault grounds for divorce are recognized by the courts. To qualify for a fault divorce in the state, you must be able to prove one of the following grounds, or reasons, for the divorce:

• Adultery, or cheating, by having sexual relations with another individual outside of the marriage or someone other than their spouse.
• Desertion and proof of this desertion existed for at least one year prior to the filing of the complaint.
• Habits of Intoxication by the excessive consumption of opium, intoxicating liquor, or other drugs.
• Cruel and Abusive Treatment, or proof that the spouse acted with cruelty that caused injury to health, life, or limb, threatened danger, or created danger.
• Non-Support or Neglect, or the wanton, gross, or cruel neglect or refusal to support the spouse given proof that such support could be provided.

To qualify for a no-fault divorce in the state, the filing party must state that the marriage has become irretrievably broken. When these cases arise, both parties must jointly file a petition and an agreement of separation with their complaint. However, in cases where the parties do not agree and do not have a separation agreement, one of these parties can still file to seek a divorce pending a six-month waiting period before a hearing for termination can occur.

Farias Family Law, P.C. Is the Right Choice

Retaining the correct counsel for your case is essential to its success. At Farias Family Law, P.C., we take your wishes and interests into account while we build your case and respect your voice. With over 100 years of combined experience with our attorneys, we know we can handle your case with compassion and skill. We understand the unique challenges and nuances of Massachusetts divorce cases and are prepared to handle whatever comes our way.

Contested vs. Uncontested Divorces in Massachusetts

The two central types of divorce in Massachusetts are known as “contested” or “uncontested” divorces. A contested divorce typically means that at least one of the spouses does not agree with the terms of the divorce. These cases are quite common, unfortunately, as so many terms of a divorce can have a lasting impact on an individual’s future. Contested divorces usually include disputes regarding child custody, spousal support, child support, or property division.

However, in some cases, the length of time taken by a contested divorce and the finances often involved can be avoided by seeking an uncontested divorce. If both parties can agree on the terms set forth by the proposed divorce decree, such as how the property will be divided or who will act as the custodial parent for any minor children involved, an uncontested divorce can be pursued. A lawyer in Norwell, MA can still support you in these cases by watching for any potential injustices.

FAQs

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

In the state of Massachusetts, it can be difficult to offer an exact estimate of how much a divorce lawyer might cost. This is because there are several different issues that must be considered when determining the final expenses. Factors that can impact the cost of a divorce lawyer might include the complexity of the divorce case itself, the experience of your lawyer, and their location.

How Is Property Divided in a Massachusetts Divorce?

The state of Massachusetts is considered an “equitable division” state. In general terms, the courts will divide the assets and debts between the spouses in an equitable and fair manner. However, judges are rarely required to split everything exactly down the middle, and, in most cases, they won’t. To make this determination, the judge will take into account the length of the marriage and the employability of each party, among other factors.

Do I Need a Divorce Lawyer in Massachusetts?

While it is not legally required for you to obtain a lawyer to get a divorce in the state of Massachusetts, family law can be complex, and you might accidentally agree to things that are not in your interest. A divorce lawyer can be beneficial to retain, even in cases of uncontested divorces, to ensure that you receive what you are entitled to.

Does It Matter Who Files for Divorce First in Massachusetts?

In the state of Massachusetts, it typically has no impact on the outcome of a divorce case who files first. Judges tend not to care who the filing party is when it comes to making their final determinations. However, there are some circumstances in which one spouse would want to be the one to file, such as filing first in order to potentially have more control over the timing and scheduling of legal proceedings.

Contact an Experienced Family Law Attorney Today

If you are considering a divorce in Norwell, Massachusetts, it’s time to retain the services of an experienced and trusted family law attorney. Obtaining a divorce can be a lengthy and overwhelming process, but this doesn’t mean you have to experience it alone. Contact the offices of Farias Family Law, P.C., for an assessment today.