Wellesley Divorce Lawyer
If you are contemplating a divorce in Wellesley, Massachusetts, you may not be sure where to start. The first step in the process should involve learning more about your rights and your options, from filing for an uncontested divorce with your spouse or seeking a contested divorce on fault or no-fault grounds.
A divorce can be an incredibly stressful time for both partners as well as any children involved. An attorney can help make the process easier by explaining your rights, advocating for your interests, and negotiating a favorable divorce agreement. When necessary, your Wellesley divorce lawyer will take your divorce case to trial to obtain the best possible outcome.
Infinity Law Group assists individuals and families with a range of family law issues, including divorce, child custody and support, and alimony. We offer free phone consultations for all prospective clients. Reach out today to learn more about how we can help you with your divorce.
Understanding the Massachusetts Divorce Process
The divorce process in Massachusetts can be time-consuming and costly or relatively quick and straightforward. The length of time that it takes to get a divorce depends on a number of factors, including whether the divorce will be “fault” or “no-fault” and if you and your soon-to-be-ex generally agree about the issues.
An uncontested divorce is the simplest, least expensive type of divorce. You can seek an uncontested divorce if you and your spouse are able to agree on things such as how your property will be divided and who will be the custodial parent of your minor children, if any. Even if you are filing an uncontested divorce, it is still a good idea to retain a Wellesley divorce lawyer to avoid potential pitfalls.
In a contested divorce, one or both spouses do not agree with one or more terms of the divorce. This type of divorce is incredibly common, as it isn’t unusual for exes to disagree about custody and visitation, child support, alimony/spousal support, and the division of property. It is often possible to resolve an uncontested divorce outside of the courtroom, but you may have to go to trial if you and your spouse cannot reach an agreement.
The divorce process starts with filing a complaint in the local courthouse. In Wellesley, this complaint would likely be filed at the Norfolk Probate and Family Court. In an uncontested action, a joint petition would be filed by both parties in lieu of a complaint.
Once the complaint has been served on your ex, they can file an answer. At this point, both parties can ask the court to enter certain orders, such as a temporary order for child support or a parenting plan. The parties will then engage in discovery, which involves exchanging information and documents about the case.
In Massachusetts, some discovery is automatic, which means that each side has to provide the information to the other without being asked to do so. This includes providing a Financial Statement and documents that support this statement, pursuant to Supplemental Rule 410. Otherwise, each party may submit requests for documents, ask questions, and take depositions of the other party.
Throughout the process, the parties will typically negotiate to reach a divorce settlement. Before the case goes to trial, the Court will schedule a Pretrial Conference. This gives the parties another opportunity to resolve the case before going to trial. While very few Wellesley divorce cases go to trial, it is possible if you and your ex cannot agree on the major issues in the case.
How a Wellesley Divorce Attorney Can Help
In Massachusetts, you are not required to hire an attorney in order to get a divorce. However, it is generally a good idea to work with a lawyer to help you through the process and advocate for your best interests.
The divorce process can be complicated and involves many technical steps. For example, if you file for a contested divorce, then you will have to complete and submit many documents that are notarized or signed under the penalty of perjury, such as your Financial Statement. If these documents are not accurate, it could affect your divorce – or even result in contempt or criminal charges.
Even in a relatively simple divorce case, there are many financial and legal consequences. For example, the division of certain assets and debts can affect your taxes. A Wellesley divorce attorney can advise you on how your decisions during the divorce process can impact you more broadly.
Going through a divorce is almost always an incredibly emotional and stressful time. Even if you and your spouse both agree to the divorce, it can still be difficult. Working with a lawyer is one of the best ways to ensure that you are making sound, rational decisions during a divorce – not ones driven by anger, sadness, or another emotion.
An attorney can also help you through an alternative dispute resolution process, such as mediation. While mediation is voluntary, it is often a good way to resolve any outstanding issues in your divorce outside of court. A Wellesley divorce lawyer can offer legal advice that helps you understand your rights and allows you to come to an agreement that protects your interests.
If you have a simple, uncontested divorce without custody or asset distribution issues, you may be able to represent yourself. However, if you are concerned about your rights as a parent, your financial interests, or any other aspect of your divorce, it is a good idea to work with a divorce attorney who can advocate for you.
How Infinity Law Group Can Help
When you make the decision to get a divorce, it can be hard to know where to turn for help. A skilled Wellesley divorce attorney can guide you through the process, starting with a free initial consultation where they will listen to your story and advise you of your options.
At Infinity Law Group, we are dedicated to helping individuals and families navigate the divorce process. We offer free phone consultations for all prospective clients. To learn more or to schedule an appointment, reach out today by calling 617-250-8236 or filling out our online contact form.
Do I Need to Have a Reason to Get a Divorce in Wellesley, MA?
No. Massachusetts recognizes both “fault” and “no fault” divorces. You can seek a no fault divorce due to an irretrievable breakdown of the marriage, which is sometimes referred to as irreconcilable differences. No one is to blame in a no fault divorce; you simply don’t want to be married any longer.
It is possible to seek a fault divorce, on the basis of adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, impotency, or a prison sentence of 5 or more years. Fault divorces are often more expensive and time-consuming than a no-fault divorce and rarely do they net a better outcome. Reach out to Infinity Law Group to talk to a Wellesley divorce lawyer about your options for pursuing a divorce.
What If I Don’t Want to Get Divorced, But My Spouse Does?
There are many situations where only one partner wants a divorce. Over time, you may come to accept that divorce is the right choice for your marriage – but initially, you may be inclined to fight the divorce.
It is incredibly difficult to contest a divorce in Massachusetts, as it is a “no-fault” divorce state. A Wellesley divorce attorney can help you understand your options and work with you to help you achieve the best possible outcome. Reach out to Infinity Law Group today to schedule a free consultation with a member of our legal team.