Divorce is a frightful legal procedure full of unknowns and uncertainty, right? If you believe everything you hear from movies and television, it is. But, in reality, with just a little bit of knowledge and preparation, your divorce can be simple, painless, and beneficial for your entire family.
At Murphy & Rudolf LLP, our firm’s Worcester divorce attorneys want our clients to get through their divorces with as little trouble as possible. To this end, we have compiled a helpful list of frequently ask questions about divorce in Massachusetts. Give it a read if you are going to file for divorce, have filed, or were handed divorce paperwork.
If you have more questions after reviewing this FAQ list, or if you already know you want legal counsel, contact our Worcester divorce lawyers to set up a consultation.
Frequently Asked Questions About Divorce
How long is my divorce going to take?
Probably the top question people ask our Worcester divorce attorneys is how long it will be until they are officially divorced. Unfortunately, this is also one of the questions with the vaguest answers. The length of your divorce depends on a variety of factors, from your property to the size of your family to whether or not one of you is active in the military. A quick divorce might be done in a matter of months, but a complicated divorce could stretch on for a year or more. It helps to have patience, focus on other parts of your life as a distraction, and trust that our lawyers are removing as many delays as possible when managing your case.
How much is my divorce going to cost?
This question is tied directly into the previous, as the cost of a divorce goes up as the length of the divorce extends. You must also consider that every time you go to the court to speak before a judge, you must also pay the court for its time.
What is the difference between a contested divorce and uncontested divorce?
If you and your spouse agree upon every aspect of your divorce, it is known as an uncontested divorce. These types of divorces are usually the fastest and least expensive. The moment you cannot meet in the middle on something, your divorce becomes contested. Media entertainment like to portray all divorces as contested and heated, but this is clearly not always the case.
Is Massachusetts a no-fault divorce state?
Believe it or not, there was once a time where a divorce filing could be rejected by the court unless there was proof that a divorce was necessary, like evidence of domestic violence or infidelity. Today, all states in the country allow for no-fault divorces. Many divorces are filed for “irreconcilable differences,” which is a professional way of invoking a no-fault divorce but not saying why exactly. Celebrities favor this term, it seems.
What happens if I file for divorce and my spouse ignores it?
At a cursory glance, it might seem like a blessing in disguise if your spouse ignores your petition for divorce. No response can lead the court to approve all of your proposed agreements by default. But, as our Worcester divorce attorneys can say from experience, this is not guaranteed. A spouse playing ignorant could argue that the divorce paperwork was never delivered and they never suspected a divorce was underway, which is akin to a wrench in your plans. If you get no response, then you have to start thinking about how to guarantee one. Process servers, or the assistance of a family lawyer, might be the solution.
What are the main aspects of divorce I need to consider?
Your divorce is going to dictate how your day-to-day life pans out for months, or probably years. Make certain you consider everything before your divorce is finalized. For the average divorcé, the keynotes to go over with our Worcester divorce lawyers are child custody, child support and/or spousal support, visitation, and property division.
How can I win child custody in my divorce?
When choosing what parent will get what amount of child custody rights, a Massachusetts family law judge will consider a child’s best interests, first and foremost. If you want to increase your chances of getting primary custody, you need to take deliberate steps to show you are a responsible adult ready for parenthood. Cut alcohol or drug use, clean up your criminal record, seek gainful employment, and so on, and the court should take notice.
Remember: If you require the assistance of our divorce attorneys in Worcester, or if you have more questions you did not see on this FAQ list, contact Murphy & Rudolf LLP today.