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Posts Tagged Uncontested divorce Revere

FAQ’s About Divorce in Massachusetts

Here are some common FAQ’s About Divorce in Massachusetts:

 

Q: Should I file first for divorce?

A: The answer to this question is largely a case-specific answer.

 

The determination of value of assets, which goes to the equitable division of marital assets pursuant to M.G.L. c. 208 §34, is determined from the date of marriage to the date the Defendant was served. Thus, if the plaintiff intends on acquiring substantial assets in the future, it could be beneficial to file for divorce prior to acquiring these assets.

 

Additionally, should the divorce case go to trial, the Plaintiff has the right to present their case first, along with the right of rebuttal after the Defendant has presented his/her side of the case. Being able to be the party to present his/her case first at trial can set the tone of the trial, and leave an impression on the judge.

 

However, divorce is also a very emotional and personal decision. If you believe that you are not emotionally ready to file for divorce, or that the marriage may still … Read More »



The Benefits of Mediating or Arbitrating Your Family Law Case

The Benefits of Mediating or Arbitrating Your Family Law CaseIn Massachusetts, divorce and Family Law cases are handled by the Probate and Family Court. Under Massachusetts, law, proceedings in the Probate and Family Court are public and can be observed by anyone. Additionally, almost all cases in the Probate and Family Court are scheduled to be heard at 8:30 a.m. (which can be as many as 75-100 cases scheduled to be heard that day), and then the judge calls all cases in whatever order he/she deems fit. This means, if your case is heard first, there can be over 100 people in the courtroom to listen to the issues pending in your case.

Additionally, the Probate and Family Court is notoriously backlogged. Thus, it can take a few months before a motion on your case is heard, and a few years before your case goes to trial.

Given the very sensitive nature of divorce and Family Law proceedings, many spouses and parents do not want their family issues presented and argued in … Read More »



Collaborate or Mediate Your Divorce?

The Benefits of Mediating or Arbitrating Your Family Law CaseWhen considering friendlier alternatives to divorce litigation, you should understand the differences and similarities of the options available to you. Specifically, mediation and collaboration are two popular forms of alternative dispute resolution that might sound similar in theory but have different practical implications. You should choose according to a style that most caters to your relationship with your spouse and/or your lawyers.

A divorce mediator might be a lawyer, finance professional, or social worker. They are trained in all aspects of divorce mediation: economical, legal, and psychological. Mediators who are certified have gone through minimum hourly requirements for training in dispute resolution, as well as divorce proceedings and issues. Mediators are trained to be neutral third parties to a mediation session. They do not represent either party, and cannot offer legal advice to any party; although the parties may retain counsel on their own to assist them in the process, if they wish. At the end of mediation, the mediator will draft the terms of settlement for both parties to review … Read More »



11 Essential Tips to Create a Brighter Future After Divorce

The key to life after divorce is to follow a post-divorce plan. With so many things affecting your life during and after your divorce, a plan can bring a lot of comfort and needed stability to your life and help you to move more positively into the future. There will inevitably be many things that you cannot control as much as you would like to during this process, so it is important to take hold of those things which you can control and use them to surround yourself with calm during the storm. Just like your children will need predictability, comfort, and safety in order to function most efficiently and effectively, so too is it important to create such an environment for yourself as you embark on this new life after divorce

1. Is a divorce mediator for you? An experienced divorce mediator, who is also a lawyer, can help to keep the peace if you and your spouse are entering divorce on cordial terms and with similar goals for the future. By allowing the divorce process to take place in a collaborative instead of adversarial manner, you can … Read More »



Making the Most of Your First Meeting with a Divorce Lawyer

With the prospect of divorce comes a lot of unknown territory that is sure to make you uneasy. While you may think of meeting with a divorce lawyer as your “first step,” the preparation should actually begin before you walk into their office. There are many things you can do to make sure that this first step is as productive and useful as possible and that much of the uneasiness that comes along with divorce remains at bay.

Arrive early: Just like at the doctor’s office, there is usually preliminary paperwork that you will need to fill out prior to your first meeting. Information that is often needed on this paperwork includes: both parties’ full names, contact information, employment and income information, dates of birth, social security numbers, past addresses, as well as applicable information for your children. Prepare a list of questions: This is a very helpful way to prepare for your first meeting with a divorce lawyer. Once you walk into the lawyer’s office, more likely than not you will be overwhelmed with emotions and the prospect of what is to come. … Read More »



Eight Essential Steps for Women Facing Divorce

From the time you were a little girl, you thought about your wedding day and dreamed about the happily ever after that would follow. Thus, when something changes, and divorce proceedings are initiated, it is hard to force yourself to come to terms with the reality of the situation and develop a plan of action to make sure your life can begin to move in a new and positive direction. The reality of the situation however, is that the steps you take before, during, and after your divorce, are going to redefine the rest of your life. And for this reason, just as all things in life that are worthwhile, your preparation for a divorce requires long term planning. Whether you are initiating divorce proceedings yourself, or were blindsided by a spouse who had an affair, the emotions involved may seem all-consuming. However, there are 8 essential steps a woman can take in order to make the transition into their future as smooth as possible.

1. Budget. Going through a divorce cannot only exhaust you emotionally, but financially as well. It is for this … Read More »



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