Divorce can be one of the most stressful and overwhelming times in one’s life. When a marriage ends, there are many issues to consider including finances, child custody, property, and if applicable, childcare and alimony. Add to these issues the personal emotional hurdles and those of your children that come through as sadness, depression, and sometimes anger.
Navigating a divorce, while coping with your day-to- day responsibilities, can take its toll on your quality of life. Attempting to navigate the legal system, with its changing laws and procedures, shouldn’t be an additional burden.
We, at Fleischer Law Solutions, help with this challenging time in your life by taking care of the legal strategy in your divorce so you concentrate on maintaining your everyday routine.
Contested Divorce
No Fault Divorce 1B
Most contested divorces in the Commonwealth of Massachusetts are filed as No Fault divorce. Here neither party needs to prove fault but rather they are filed as an irretrievable breakdown of the marriage. That does not mean that evidence of wrongdoing or financial mismanagement is not considered as part of property division, child support and other issues. Most contested divorces settle before trial. We at Fleischer Law Solutions, work with your goals to avoid lengthy and costly litigation. Sometimes no matter how hard you try, a trial is unavoidable. We, at Fleischer Law Solutions, have experience in the trial arena and will zealously advocate for your position.
Fault Divorce
Filing a Fault Divorce is used rarely and only in certain situations. Fault divorces can be very costly and complicated because the moving party has to plead and prove one of the following faults: Adultery, Cruel and Abusive Treatment; Desertion; Impotency; Imprisonment; Non Support. In certain situations a fault divorce may be necessary but the majority of divorces filed in Massachusetts are No-Fault.
Uncontested Divorce 1A
An uncontested divorce is when both parties agree on all issues concerning the division of marital property, debts, child custody, visitation, and alimony. If the parties do not agree they often can meet with a mediator who will assist with a compromise.
Joint paperwork is filed and a Separation Agreement is drafted, signed, and submitted with the Petition for Divorce.
It is recommended that both parties retain an attorney, even though in many situations, one party’s attorney drafts the agreement. Both parties should retain an attorney because even though one attorney may be drafting the documents and the divorce is cordial, an attorney can not represent both parties. It is suggested that the other party at, a minimum, review the terms of the agreement with their own attorney to explain how the terms of the agreement will affect their legal rights.
We at Fleischer Law Solutions have experience both drafting agreements as well as representing clients to review documents already drafted and provide legal guidance.
Whether you have a short-term marriage with little assets and no children, or a long-term marriage with complex financial matters or child custody issues, we are able to assist you achieve the most equitable outcome based on your individual goals, needs, facts, and circumstances.
Call our office today for a phone consultation to discuss how we may help you move forward. Please contact our team to learn more at 978-871-2928.