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FAQ
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Frequently Asked Questions about Divorce
Do I really need a lawyer?
You have the right to represent yourself and neither you nor your spouse are required by law to hire an attorney. It is highly recommended that you hire an attorney with experience in divorce and family law. Many important and long-term decisions may be made in your case regarding your income, property, debts, taxes, child support, alimony, and other matters. Knowledge of the statutory and case law, court customs and forms, alternatives to litigation, potential criminal liability and a wide variety of other rules is necessary in order to obtain the best result possible.
Can I get divorced without going to Court?
Many cases can be resolved by agreement. An attorney will make sure that your agreement is properly drafted and approved by the Court. Agreements between a husband and wife, agreements affecting children, and most other similar contracts must be approved by a judge in a formal court proceeding. Agreements that have not been approved by a judge in a formal court proceeding are generally invalid and unenforceable. Your agreement must be accompanied by other important forms and disclosures or it will not be approved by the court. If a divorce is granted without proper disclosures, the divorce may later be set aside or reopened. Your attorney will explain these requirements and guide you through the approval process.
How is child support determined?
In the Commonwealth of Massachusetts in certain cases the court must consider Child Support Guidelines. These guidelines were revised most recently effective January 2009. The court will consider the parties' income or income earning ability, expenses, assets and liabilities, the ages of any children, any extraordinary expenses, the amount and nature of any overtime, any other legal obligations of a party for support of other children, and other factors. Your attorney will be able to estimate the amount that you may be entitled to receive or obligated to pay. If either of the parties' incomes have changed, children are older, expenses of either of the parties have changed significantly, or other material changes have occurred since an order of support has entered, a change in the amount of support may be ordered.
How long will it take to get a divorce?
Emergency orders can often be obtained immediately. Urgent matters can often be addressed by the Court on a temporary basis within a few days or a few weeks. Although the average length of time between the filing of a contested divorce and a final judgment is approximately one (1) year, some cases will be resolved in a matter of months, others in excess of one (1) year. Uncontested divorces where the parties are able to negotiate and sign a valid legal agreement may be concluded in a much shorter time in many cases. Because certain statutory and other waiting periods may apply to your case some of this time may not require significant activity on your lawyer's behalf.
How much will it cost to get a divorce?
Based upon the length of your marriage, the extent of property to be divided, the presence of contested custody or other issues, your attorney will estimate the minimum amount of legal work to obtain the result(s) requested by you. Your attorney will request a retainer or advance payment against which the firm's hourly rate will be charged. Cases where the parties have already arrived at some agreement, or where the parties do not have children or contested custody or visitation issues, and cases involving shorter marriages or limited assets usually require a much lower retainer than cases where the parties have to resolve a larger number of parenting and/or financial issues. The total cost of a divorce is based upon the total amount of time necessary to resolve the required issues. Your attorney will explain the firm's hourly rate, retainer request and provide you a written fee agreement. Your attorney will also be able to provide you some estimate of the minimum amount of time and fees likely to be required in your case.
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