Hingham Divorce Lawyer

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Hingham Divorce Attorney

No matter how amicable a divorce is, it is a major adjustment for everyone involved. It marks the end of a personal relationship but also presents legal complexities that each person must navigate. However, all divorces do not have to be contentious court battles. If you are going through a divorce, a Hingham divorce lawyer can help you navigate the legal side of things.

Hingham Divorce Lawyer

Massachusetts No-Fault Divorce Grounds

In Massachusetts, couples are allowed to seek a no-fault divorce. This means that the declared reason for divorce does not blame one spouse or the other for misconduct. Generally speaking, the reasoning behind a no-fault divorce declares that the two can no longer get along, and there is no discernible reason to believe that this will change.

There are two types of no-fault divorce, referred to as 1A and 1B that will determine the following steps a divorcing couple will take.

In a 1A divorce, both spouses have agreed on the terms that will follow the divorce. This includes how they will split their assets and debts, child custody terms, and alimony. This process is easier and more streamlined, as it is uncontested and does not require court interference to make decisions.

A 1B divorce can be a bit more time-consuming. This option is the route a couple will take if the divorce is no-fault, but they do not agree on the terms. In this case, one spouse must file a petition with the court, while the other spouse will have a formal notice of the divorce delivered to them. The receiving spouse will have the opportunity to respond to the notice. After this, the divorce will proceed as a contested divorce.

Massachusetts Grounds for at-Fault Divorce

In Massachusetts, couples are allowed to file for divorce under the grounds that one of the spouses is at fault for the dissolution of the marriage. Massachusetts acknowledges seven grounds for an at-fault divorce. These grounds include:

  • Adultery
  • Desertion (for at least one year prior to divorce filings)
  • Impotency
  • Continuous intoxication by alcohol or drugs
  • Imprisonment for five years or more
  • Cruel or abusive treatment
  • Refusal to support the other spouse

How to File for Divorce in Massachusetts

When filing for divorce, there is considerable paperwork involved. In Massachusetts, forms can be found online and filed either in person or by mail. While 1A and 1B divorces have similar paperwork, there are a few things that are different.

For a 1A divorce, you and your spouse must complete a Joint Petition for Divorce and an Affidavit of Irretrievable Breakdown. You must also include a copy of the separation agreement you both agreed to in writing, and it must be notarized.

For a 1B divorce, the filing spouse must sign and fill out a Complaint for Divorce. Additional forms may be required in certain circumstances, such as seeking temporary child custody or temporary alimony.

All divorces, whether 1A or 1B, must have the following forms:

  • Record of Absolute Divorce
  • Certified copy of marriage license
  • Accurate and honest financial statement of each spouse
  • Affidavit of Care and Custody, if you have children together
  • Child Support Guidelines Worksheet, if you have children together

When Minor Children Are Involved

Whenever minor children are involved in a divorce, the state of Massachusetts requires that the parents participate in classes on parent education. Some parents may qualify for a waiver in certain circumstances, such as cases where domestic violence is present, causing the safety of the spouse and/or child to be at risk.

FAQs

Q: How Much Does a Divorce Lawyer Cost In Massachusetts?

A: The cost of a divorce lawyer in Massachusetts depends on the circumstances surrounding your particular case. Generally speaking, the more complex a case is, the more it will cost for legal representation, as the attorneys will have more work to do. For instance, in a contested divorce, where there are many issues to resolve, the legal fees may be higher. Disputes over matters like property division and child custody can be time-consuming and expensive.

Q: What Does It Mean to Be Conflicted Out?

A: To be conflicted out in a divorce case in Hingham, Massachusetts, means that the lawyer is disqualified from representing their client based on a conflict of interest. This is usually the case when an attorney is also representing the opposing spouse or has information on one of the spouses that would cause bias. A judge can also be conflicted out of a case if they have tried either spouse prior to the divorce.

Q: Do I Need a Lawyer to Get Divorced in Massachusetts?

A: It is not required to have a lawyer to get a divorce in Massachusetts. It is highly recommended, however, that you do so. This is especially true for contested divorces or for families that have additional variables to work out, such as high-value assets to divide or child custody and support.

Q: What Should I Do if My Spouse and I Reach an Agreement After Filing for a Contested Divorce?

A: If you have filed for a contested divorce (1B), you and your spouse can submit an agreement to the court. The divorce may be able to proceed as an uncontested divorce (1A) instead. This will be a quicker and easier process. Switching to an uncontested divorce will also likely be financially easier for both parties.

Contact Farias Family Law, P.C., Today

At Farias Family Law, P.C., we understand the emotional, mental, and financial toll that a divorce can take. The law can be complex and confusing to those who are not well-versed in legal matters. We can make the law clearer for you while also fighting for your rights. Our team can ensure that you receive fair treatment during your divorce.

If there are children involved, our lawyers, who have years of experience representing family law clients, can ensure their needs are taken into account. We strive for the greatest outcome for children’s well-being during a divorce. We know each case is different, so we look at the details of your divorce and present the most effective legal strategy, helping you move on with your life with peace of mind.

If you or someone you know is going through a divorce, you don’t have to go through it alone. Farias Family Law, P.C. can help. Contact us to speak with a member of our team today.

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