Divorce Services

     Divorce services

•  Uncontested Massachusetts divorce/Massachusetts No-fault divorce    

•  Partial services: coaching, advising, etc.                                                

•  Mediation

•  Full representation (cooperative divorce approach)

     

Uncontested Massachusetts divorce/No-fault divorce

Are "uncontested" and "no-fault" divorce the same thing?

No. "Uncontested" means that you have agreed on everything, including who gets               what property and what debt, and all matters related to your children.

"No-fault" simply refers to the reason ("grounds") for your divorce. A no-fault divorce            means that there has been an irretrievable breakdown of your marriage, but you may                 still be trying to resolve matters, such as dividing property.

An uncontested divorce is the quickest and least expensive. I'll work with you to       make sure you've covered everything necessary to get divorced. I'll give you a Probate Court financial statement, along with the help you need to complete it.

I’ll prepare the divorce agreement, the divorce petition, affidavits, financial statements,             and all other necessary papers.

When you both have signed everything, the papers are mailed to the court. The court will notify you of the date, which is usually within four weeks. Massachusetts divorce law requires both of you to appear before a judge, unless there's a truly good reason why one can't get to court.

Same-day divorce

If you'd like to speed things up, you can sometimes take the divorce papers to the court and    have your divorce granted that same day.

I don't go to court with you on an uncontested divorce. First off, without me you save money. Second, the court procedure to have an uncontested divorce granted is simple and informal. I'll give you written instructions on what to do, where to go, and what to say.

In court, the judge will ask each of you some basic questions, such as if you've                       signed the agreement voluntarily, and if you believe it's fair. The judge will then grant             your divorce, which becomes final 120 days later. Until then, you’re still legally married.

 Partial services: coaching, advising, document prep.

Maybe your divorce isn't complicated and you're confident enough to go it alone. Maybe you can't afford or don't want to pay for full representation. Whatever the case, you may just       want some advice or help as you handle your own divorce.

I offer partial (sometimes called "unbundled") divorce services. You can have me do specific tasks, and you do the rest. Partial services include:

    •   advising you on the law and strategy

       •   drafting or reviewing letters and court documents

       •   ongoing coaching while you represent yourself

       •   reviewing your settlement options

With partial services, you pay only for the services you want.

I offer a flat fee for specific legal services.

Should you handle your own divorce? Take this quiz.

(Adapted from Unbundling Your Divorce, by M. Sue Talia)

Why do I want to limit an attorney's involvement?

Save money? (a good reason) Retain more control over the process? (another good reason) Retain control over my spouse? (bad reason)

Am I good at paperwork? Writing? Public speaking? Computers? Investigation and information gathering? Financial planning and analysis? Decision making?

Am I disciplined and organized in my work habits? Do I follow through? Can I     consistently meet deadlines? Can I understand and use support guidelines?

Which of the above do I really hate doing? Be honest. If you really hate doing something, you'll hate it even more and do a lousy job if you're doing it as part of your divorce.

Do I have the time to do it properly?

Can I handle this emotionally, or am I too close to the situation to make good decisions? Am I able to stand firm and not give up too much just to get it over with?

Important: will I do a cost-benefit analysis at every stage to be sure I'm devoting my time, energy, and money where they will do the most good?

Am I afraid of confrontation with my spouse? Would it be better to have someone act as            a buffer between my spouse and me?

Will my children suffer if I represent myself? Will it take time away from them?         Do I recognize my obligation to keep my kids out of the case?

Will I take the time to educate myself fully on my rights and responsibilities?

Am I comfortable making decisions and sticking to them? Am I willing to take the risk           of being wrong?

This assessment should help you decide if you're ready to undertake part or    all of your own representation.

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Mediation

Mediation can provide an alternative to adversarial divorce. In fact, 85% of couples who choose mediation reach a complete agreement, some with just a few sessions. 

As a trained mediator, I can help you and your spouse conduct your own settlement talks without getting derailed. And unlike court, these talks are private and confidential.

As a mediator, I'm not the lawyer for either of you. I'm a neutral party helping you communicate and reach a solution that might have been otherwise impossible. When you  do reach a settlement, I’ll prepare the divorce agreement, and I'll urge you to consult with another lawyer to review it. I’ll also prepare all the other papers needed to file and       get a date to complete your divorce.

Aside from saving you time and money, mediation can benefit your whole family. Studies show that it helps children recover better from the stress of divorce.  Also, unlike couples who battle and are forced to accept a judge's decision, with a mediated settlement you're far less likely to return to court with future disputes.

Is mediation for you? Answer these questions:

• Do you believe divorce is inevitable?

• Do you really want to participate in mediation?

• Do you truly want to settle your divorce?

• Do you have a full grasp of the family finances?

• Can you and your spouse discuss matters calmly and rationally?

Be honest. If you answered "no" to any of these questions, you may be wasting your      time and money with mediation.

Also, don't consider mediation solely to save money. True, it's usually less expensive than a prolonged battle. But unless you're both good candidates for mediation, it could be more time-consuming and expensive than hiring your own lawyer from the outset.

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Full Representation (Cooperative Approach)

Most divorces involve two decent people who just can no longer live together. Although anger or misery may temporarily blind them, their rational side tells them that they           and their family would be better served by reaching a settlement as quickly and painlessly   as possible.

If so, my efforts will always be directed toward resolving your divorce in a realistic way  that's best for you. And that means the "cooperative" approach.

Don't confuse the cooperative approach with a weak approach. The cooperative approach simply means that the parties and their lawyers commit to acting with respect and civility,  in an effort to avoid a costly court battle.

The settlement approach helps reduce the emotional trauma and lower the     legal costs of your divorce.

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Atty. Daniel E. Dalton
885 Main St. (Rte. 38), Suite 10A
Tewksbury, MA 01876
Tel. 978-851-2444
Dalton@usa.net

Disclaimer: Material presented in this site and in the links within it are intended for information purposes only. The material is not intended and should not be construed as professional advice. If legal or other professional assistance is needed, seek the services of a competent professional.

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