We understand.  Divorce can be a  significant financial commitment.   You as a party to a divorce can represent yourself as a “pro se”, litigant but it is not recommended.  Divorce law is complicated and the laws are constantly changing.   The Courts follow strict procedures and deadlines, which if missed, can cause damage to your case.  Many times, there are co-existing issues in a divorce such as bankruptcy, restraining orders, criminal charges,  and  complex financial and custody issues.  The following is a list of scenarios when it is recommended you hire an attorney:

1. Your spouse has an attorney.   When one spouse has an attorney and the other party does not, the unrepresented party is already at a disadvantage.  The opposing counsel may be courteous and civil but that attorney represents your spouse’s interest.  The attorney may facilitate negotiating an agreement, but remember, that attorney cannot give you specific legal advice and is drafting that agreement fairly but tailored to your spouse’s best interests.

2. There is a restraining order in place.   If there is a restraining order in place, you will not be able to communicate with your spouse to negotiate terms of your agreement.  Your attorney will be able to contact your spouse or your spouse’s attorney on your behalf.  

3. There is an imbalance of power due to abuse or coercive control.  When one spouse is abusive, physically, verbally or both, or has a narcissistic personality, it is best to have an attorney who can act as a buffer between you and your spouse and keep you out of the power struggle.

4. You have complex financial issues.  Complex financial issues may include one or both spouses owning a business, there are pensions that need valuing, retirement accounts and other financial investments need valuing and splitting, one spouse receives bonus compensation and stock options or other benefits that are considered income and divisible.  Real Estate including the marital home or any other secondary homes will need to be valued and divided.  There may be property that is owned out of the Commonwealth or out of the country.  

 With complex financial issues very detailed discovery is needed to assist in valuations.     A divorce attorney will be able to assist with the equitable division of all the assets, determine if any outside experts are needed to value pensions, property, and businesses.  Tax professionals may be needed to assist with tax consequences of asset division.  

5. There are child custody issues   If you and your spouse can not agree on who will have legal and physical custody of the children, it is recommended that you hire an attorney who understands the “best interest of the child standard” and can assist with negotiating a plan and child related discovery issues.   If you or your spouse want to move out of the Commonwealth with the children, after the divorce,  you will need an attorney to assist with either presenting your case for removal to the court or conversely defending against your spouse’s request.  Removal from the Commonwealth is complex and determined by statute, case law, and your individual facts and circumstances.

6. Your spouse has substance abuse or mental health issues  It is critical to have an attorney to be able to act as a buffer between you and the addicted spouse.

7. You are not in the Commonwealth. When you are living out of state and have been served with a divorce complaint, or have decided to negotiate uncontested, you will need a Massachusetts attorney.  Your attorney will be able to work with you to appear remotely at court hearings and apply Massachusetts law to your case.  You will also be able to rely on your Massachusetts attorney to prepare any paperwork and serve it properly to the court.

8. You believe your spouse is hiding assets   Proving cash or hidden assets is difficult and requires sophisticated discovery tools and techniques to uncover the money.  If a spouse has dissipated marital assets through extra marital affairs, addiction or gambling, or other reason, you will need an attorney to assist you with any possible asset credits that may be due you at time of settlement.

9. You may be entitled to child support, alimony or both   In 2022, the Supreme Judicial Court, in a case called  Cavanaugh v Cavanaugh, 490 Mass. 398 (2022),  changed the way child support and alimony are now calculated.   The law now requires a complicated three step method which also takes into consideration tax consequences.  You will need an attorney to analyze your specific facts to determine the best way to calculate support; in some instances, you may need an expert to perform these calculations,  if your case has to go to trial. A judge is not going to perform these calculations for unrepresented parties, which may result in you not receiving the support you need.

10. Your spouse does not want a divorce  The most difficult cases are when the marriage is irretrievably broken but one spouse does not want the divorce.  In our experience, the resisting spouse will do anything to stall the inevitable.  The spouse may agree to work amicably then suddenly change stream and refuse to cooperate.  Unfortunately, in these situations, if you want a divorce, you will need to file a contested divorce.  An attorney will be able to assist you with a strategy and work with your spouse toward an amicable and equitable settlement.

WHAT IF MY SPOUSE AND I HAVE AGREED TO MEDIATE?

A mediator is a neutral who will help you come to an agreement but cannot give you legal advice as to how those terms will affect your legal rights.    It is recommended that you have an attorney at a minimum, review the final agreement.  Your attorney will help you understand how the terms you negotiated affect your legal rights and correct any legal or drafting errors before being submitted to the judge.  Remember, your separation agreement is nearly impossible to change after you have signed the agreement and it has been approved in court.  Child-related issues and child support are the only terms that can always be modified by law.  Spousal support may or may not be modified, depending on how your agreement is drafted.  

Every divorce is unique with its own facts and circumstances.  Contact Fleischer Law Solutions to schedule a complimentary phone consultation to discuss how we may help you with your divorce, post-divorce or other family law matter.