A divorce lawyer is an ally who advocates and guides through the complex separation process. They have complete, in-depth knowledge of the legal proceedings for separation. Complex Divorce laws differ from state to state. Therefore, for the residents of Massachusetts, securing the service of an Andover divorce lawyer is a critical step for ensuring a smooth separation process.
Massachusetts Divorce Law
Massachusetts residents who have lived in the state for more than a year can file for a divorce. However, the laws change in different states, and what applies in one jurisdiction may not apply in the other.
Massachusetts states the following grounds for filing a divorce – Adultery, impotence, desertion for a year before filing for dissolution, habitual drug and alcohol use. There are other grounds as well, such as cruel and abusive treatment, cruel or wanton negligence, and failure to provide adequate support and maintenance.
Filing a Divorce in Massachusetts
Legal attorneys will have extensive experience handling divorce cases and will follow the correct procedure for Massachusetts residents. Divorce cases are put on record in Probate and Family Court. Divorce attorneys file the separation correctly based on whether it’s a fault or no-fault dissolution. It varies depending on whether the divorce is filed via mediation or has to undergo litigation.
If the parties are aligned to end the marriage, they can file a joint petition for a no-fault divorce. However, in cases where spouses have issues negotiating, one of the spouses has to file a contested divorce. It can be both fault and no fault. The other partner is formally notified that a divorce case is filed, and the split lawyer takes care of this process.
Contested or Uncontested Divorce
An uncontested, no-fault divorce is the simplest way to get a divorce in Massachusetts. Attorneys emphasize getting the couple to sit together for a conversation facilitated by a mediator. The couple should agree on all the issues raised and complete the separation agreement, which is drafted by the lawyer together for the couple.
When one spouse files a contested divorce case against the other, they ask the court to resolve issues for them. Contested divorce proceedings are more expensive and time-consuming than uncontested ones. The couple may need more favorable decisions from the court regarding the division of property, custody arrangements, and alimony amount.
Responsibilities of a Divorce Lawyer
Divorce lawyers in Massachusetts assist the couple undergoing divorce throughout the process. They will advise on the type of divorce a couple should opt for and the probable completion time. Divorce attorneys operate within the legal system. They ensure clients’ rights are protected, documents are filed correctly, and costly mistakes are avoided.
Divorce lawyers act as the objective voice of their clientele, focusing on the legal implications of the case and guiding them throughout the process. They provide reliable representation and a stable environment in which the client avoids any sudden decisions based on emotions. They provide sound advice to the spouse and can help alleviate the stress the client is facing.
A skilled lawyer can stand out in front of the opposition and negotiate on the client’s behalf. They ensure the couple reaches a mutually beneficial agreement and facilitate a smooth separation process. The advocate also makes court filings, affidavits, and other necessary documentation. The importance of a divorce attorney is multifaceted. They are indispensable parts of family court.
Divorce Attorneys can drive cases through the complex legal system of Massachusetts, helping their clients get favorable outcomes from the separation process. Their knowledge of Massachusetts divorce law, ability to manage the legal process, objective advice, and dedication to defending client interests are just a few of the reasons why their services are required for a peaceful separation.