Divorce Services

     Divorce services

•  Uncontested Massachusetts divorce/Massachusetts No-fault divorce    

•  Partial services: coaching, advising, etc.                                                

•  Mediation

•  Full representation (settlement 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" refers to the reason ("grounds") for the divorce: there has been an "irretrievable breakdown of the marriage." But a no-fault divorce can be "contested," because you may     still be trying to resolve any number of matters.

An uncontested divorce is the quickest and least expensive. I'll give you a guide to     make sure you've covered everything necessary to get divorced. I'll give you a Probate Court financial statement, which you each must complete, 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 spouses 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, without me you save money. Second, the court procedure to have an uncontested divorce granted is simple and informal. Third, I'll give you written on what to do, where to go, and what to say.

In court, the judge will ask each of you some basic questions, like if you have signed the agreement voluntarily, and if you believe it's fair and reasonable. 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:

    •   advice on the law and strategy

       •   legal research

       •   drafting or reviewing letters and court documents

       •   ongoing coaching while you represent yourself

       •   review 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? Will my other responsibilities suffer?  

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

Is mediation for you? It's NOT for you if:

you really don't want to settle, or

you really don't want to participate, or

you really find it impossible to deal with your spouse.

To put it another way, mediation will work only if both parties truly want to reach an agreement. Be honest. Don't waste your time and money trying to mediate if you absolutely, positively will not change your position, or if you're using mediation to stall the divorce.

Don't consider mediation solely to save money. True, it's usually far less expensive than a prolonged battle. But if you're not flexible, or if you don't want to participate, or if  you and your spouse just  can't communicate, you'll be wasting your time and money.

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Full Representation (Settlement Approach)

Most divorces involve two decent people who just cannot live together any longer.    Although anger 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 "settlement" approach.

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

The settlement approach helps to reduce the emotional trauma and to lower the legal costs of divorcing couples.

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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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