Divorce Services

     Divorce services

•  Uncontested Massachusetts divorce/Massachusetts No-fault divorce    

•  Partial services: coaching, advising, document prep.                                                

•  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.

If you'd like to speed things up, some courts let you file your divorce and have it allowed          that same day. (This does not apply in all courts.)

On an uncontested divorce, I don't go to court with you. 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.

At one time, you had two choices for divorce services. You either handled it yourself from        start to finish, or you hired a full-time lawyer. Times have changed. Massachusetts now allows    a lawyer to offer "limited assistance representation."

If you can't afford a full-time lawyer, or if you just don't want to pay for one, limited assistance allows you to hire a lawyer to perform just a part of the work on your case. You do the rest. Or you can hire a lawyer for coaching and advising you through your divorce. It's your choice.

With limited assistance representation, sometimes called "unbundling" or "unbundled legal services," the main benefit is clear: you save money.

I am trained and certified to offer limited assistance divorce services. You can have me do  specific tasks, and you do the rest. Partial services include:

    •   advising you on the law and strategy

     •  representing you in court for only part of your case

      •   drafting or reviewing letters and court documents

      •   ongoing coaching while you represent yourself

      •   reviewing your settlement options

For a recent New York Times article on limited assistance, see www.nytimes.com/2010/01/02/opinion/02broderick.html?ref=todayspaper

Should you hire a lawyer for partial services? Take this quiz.

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

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

Save money? (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? Investigation and information gathering? Financial planning and analysis? Decision making?

Am I disciplined and organized? Can I consistently meet deadlines? Can I understand       and use support guidelines?

Which of these things do I really hate doing? Be honest. If you hate doing something,  you'll hate it even more and do a lousy job if it's your own 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?

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

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?

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

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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 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 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 your divorce is inevitable?

• Do you really want to participate in mediation?

• Do you know the value of compromising?

• 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 would  be better served by reaching a settlement as quickly and painlessly as possible.

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 cooperation with weakness. The cooperative approach simply means that    you and your lawyers commit to acting with respect and civility in an effort to avoid a   costly court battle.

The cooperative approach helps reduce the emotional trauma and lower the      cost 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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