(781) 531-8673Divorce Attorneys in Melrose, MA
Assisting Clients Through the Divorce Process
Going through a divorce can be one of the most difficult situations that an individual may have to deal with in their life. When two people are married, neither one of them ever wants to believe that the relationship will eventually end up with them getting a divorce.
Nevertheless, situations may occur that make divorce the only option for the couple. If you are facing the prospect of an upcoming divorce, you do not need to try to navigate through the legal process on your own.
Each divorce is unique due to the various circumstances surrounding it. Therefore, the attorneys of the Martino Law Group, LLC recognize that each case must be handled and resolved in such a way that contention and distress are minimized as much as possible. We recognize that if children are involved, this can make an already difficult situation even that much more worrisome.
No matter what issues are involved in your divorce case, our family lawyers are ready to assist you as you transition into this new chapter of your life. We can help you understand the process of marital asset division, child custody agreements, child support orders, and other legal hurdles you must clear during the process of getting divorced.
What Should You Do if You Think Your Spouse Is Going to File for a Divorce?
If you have strong reason to believe that your spouse may be ready to file for a divorce, there are several steps that you should take immediately.
Gather financial information: This includes bank records, pay stubs, mortgage information, and tax returns, along with investment and retirement account information. It would also be wise to keep a log with a description of events that you feel are pertinent to your case. There may be a time when this record may prove to be invaluable.
Hire an experienced divorce attorney: One of the most important steps you can take is obtaining legal representation from a qualified divorce attorney. It is far easier for a divorce attorney to start at the beginning of a case rather than to come in during the middle and have to catch up.
The divorce process impacts more than just the parties involved. Divorce is considered a family law matter because the primary concern is how the proceedings will affect the family. A family law attorney can help you understand the divorce process and prepare you for the major obstacles you will face.
What are the Legal Grounds for Getting a Divorce in Massachusetts?
Under Massachusetts law, the state will only allow a couple to obtain a divorce for a legally recognized reason set forth by a statute. In Massachusetts, the most common reason given for a divorce is the “irretrievable breakdown of the marriage.” This is often commonly referred to as a no-fault divorce. In legal terms, this basically means you are permitted to obtain a divorce if you simply no longer wish to be married.
In addition to the no-fault divorce grounds, Massachusetts also has fault grounds that apply, such as the following:
- Desertion for at least one year
- Adultery
- Addiction to drugs or alcohol
- Cruel or abusive treatment
- Impotency
- Refusal to provide support to a spouse when able
- Confinement in a penal institution for 5 or more years
The Massachusetts divorce process is a complex legal process. Family courts are a battlefield of emotions and contention. Regardless of the reason for seeking a divorce, legal representation can help ensure your rights are protected.
Can You Obtain a Divorce Even if Your Spouse Does Not Want One?
In Massachusetts, either spouse is permitted to obtain a divorce. This can be based on irreconcilable differences, even if the other spouse objects to the divorce. It should be noted that if both spouses are willing to cooperate, the overall process surrounding the divorce can go more smoothly and be less costly and emotionally taxing.
If the two spouses cannot cooperate, the divorce then becomes “contested.” This makes for a much longer process and, as a consequence, more cost for both parties. If the matter cannot be resolved amicably, a trial may be the only option. Nevertheless, it is nearly impossible to stop a divorce from occurring if one spouse is determined to obtain one.
An uncontested divorce tends to have far less contention, as both spouses have come together to form an agreement regarding the major issues surrounding their divorce. However, they will still be required to go through family court, and a judge will review the terms of the uncontested divorce.
How Long Does it Take to Get a Divorce in Massachusetts?
Barring any unforeseen delays, a divorce will typically become final 90 days after a judge issues a final divorce decree. Even though the judge will issue what is known as a “Judgment of Divorce Nisi,” this basically is only in effect until the final judgment can be issued. During this time, you are not permitted to marry anyone else, and you are still officially married for income tax purposes.
If the parties have agreed to an uncontested divorce and have a separation agreement, the judge must first approve the agreement. This will require an extra 30-day waiting period before the divorce can be finalized. In most of these types of cases, the divorce would become final 120 days after the spouses have appeared in front of the judge. An uncontested divorce still warrants legal representation as unforeseen consequences can arise in the future when you enter into this legal agreement without a deep understanding of family law.
The 90 or 120-day waiting periods are put into place in case the couple decides to reconcile or if one of the parties needs to make the court aware of hidden assets or income.
Does Your Law Group Have a History of Getting Good Results for Clients in Divorce Cases?
The Martino Law Group, LLC, is proud of the outstanding service we have been able to offer the citizens of Melrose, MA, and the surrounding communities. We have a proven track record of resolving divorce cases where our clients feel satisfied with the final outcome.
Going through a divorce is never an easy or pleasant experience for anyone. Of course, if you do have to go through a divorce, you want to be assured that your specific needs and concerns will be addressed. Our law group is committed to understanding your desires and the objectives you wish to obtain in your divorce action.
Our attorneys will use all resources that we have available to us to ensure that you feel satisfied with your final judgment. We recognize that the consequences of a divorce can be life-altering and that your best interests need to be fully represented.
Contact the Martino Law Group, LLC today by calling (781) 531-8673 and ask to schedule an appointment for a free consultation with a highly qualified member of our legal team.