Westwood Divorce Lawyer

Westwood Divorce Attorney

Divorce can be one of the most stressful life events a person can experience and have long-lasting effects. Facing mediators and judges can be intimidating, especially when your business, property, and children are involved. An experienced Westwood divorce lawyer at Farias Family Law, P.C. can be key to protecting your interests and helping you reach your desired outcome in a divorce.

Massachusetts Divorce Requirements

Divorces in Massachusetts can be no-fault, which means couples can get a divorce even if there is no egregious behavior. The state also allows fault divorces, although they are not as common, and the process is often considerably longer and more complex. In addition, there’s no specific time frame for a couple to be separated before filing for divorce.

Divorce Process

The general process is similar for every divorce in Westwood. Spouses have to make formal decisions about how to split marital assets and debts, how to care for children, and if any child or spousal support is needed. Divorce forms are filed with the court, and in Massachusetts, a hearing is required, regardless of whether the spouses agree to the terms. Once the terms are decided, there is a waiting period, and the divorce is finalized 90 days after the final judgment.

Types of Divorce in Massachusetts

While the process is essentially the same for every divorce, in practice, there can be some variation depending on the needs of the family.

1A Divorce

1A divorces are no-fault and uncontested. This means both spouses agree to the terms of the divorce. This is usually the fastest, easiest, and least expensive kind of divorce. When spouses agree on all terms, each party signs the divorce paperwork, showing their consensus.

There is no specific waiting period before a hearing can be scheduled. How quickly it happens depends on how busy the courts are. At the hearing, a judge reviews the paperwork and terms to make sure the agreement is fair to both parties. Once the judge approves the terms, the final judgment is entered after 30 days.

1B Divorce

1B divorces are no-fault but contested. This means spouses cannot agree on one or more terms of the divorce, and a family court judge needs to determine how to handle the issues the spouses do not agree on. A 1B divorce takes longer than a 1A divorce, and the process is more complex as well.

One spouse files the forms and serves the other a copy and a summons to attend the hearing. Spouses have to share financial information with each other, and if there is a disagreement about child custody or parenting time, both parents have to attend a mandatory co-parenting course.

There is generally a pre-trial hearing, and the standard divorce hearing must take place at least six months from the date the paperwork is filed. In addition, there is usually a trial where the judge will make decisions about the issues the spouses do not agree on. In contested divorces, the judge does not have to wait to enter their final judgment.

Fault Divorce

A fault divorce means one spouse claims the other is responsible for the end of their marriage due to violating the terms of the marriage. Fault divorces are uncommon, and the main reason for filing a fault divorce is regarding how assets and, sometimes, child custody are split. If a judge finds one spouse to be at fault, they may award the other spouse a greater share of the marital property or higher spousal support.

The person requesting the divorce must prove there is a legal reason for the divorce, such as adultery, abandonment, or domestic violence. The process for a fault divorce is similar to the process for a 1B contested divorce. However, at the trial, the spouse accused of causing the marriage to end has the opportunity to present evidence against the allegations.

Divorce FAQs

Q: Which Type of Lawyer Is Ideal for a Divorce?

A: The ideal type of lawyer for divorce is a family lawyer who focuses on divorce and issues related to divorce, such as spousal support, division of property, and child support and custody. In addition, when the individual has a high net worth or owns a business, it is crucial to hire a divorce lawyer with extensive experience handling high net worth and high-asset divorces, as these matters can often lead to conflicts that other families may not face.

Q: Can a Divorce Lawyer Represent Both Parties in a Divorce?

A: A divorce lawyer cannot represent both parties in a divorce, as it is a conflict of interest, and the lawyer would not ethically be able to serve the interests of two clients on opposing sides. Even in uncontested cases, couples are not recommended to have the same lawyer. Divorce matters can quickly and easily become contested, so each party should have their own legal advocate.

Q: What Do You Say When Calling a Divorce Lawyer?

A: When calling a divorce lawyer, you only need to provide the basic information of your case. This includes your first and last name, the purpose of the call, i.e., that you are interested in discussing a divorce, and relevant details such as whether you have children or if there’s a prenuptial agreement. Try to avoid emotional outbursts or unnecessary details.

Q: What Does Conflicted Out Mean in a Divorce Case?

A: “Conflicted out” in a divorce case means that the lawyer can’t represent an individual due to a conflict of interest, which often means they have some kind of relationship with the other party. For example, if the attorney is close friends with the other spouse or if they previously represented the other spouse in another matter, like estate planning.

Hire an Experienced Divorce Lawyer

Farias Family Law, P.C., focuses on divorce matters, so our skilled legal team can help you navigate the difficult issues related to your divorce. Our goal is to help each client get their desired outcome, and your attorney can advocate fiercely to protect your rights and interests, whether that means mediation, arbitration, collaboration with other professionals, or representing you in court. Contact our office today to discuss your case.