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.
Back to Top
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.
Back to Top
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.
Back to Top