Divorce Series: Preparing For A Divorce

Divorce is a BIG decision.  Perhaps a bigger decision than the requisite marriage was because things, aside from feelings of love & devotion, have changed.  Whereas the marriage was a mutual decision where both Parties, alone, joined in the desire to marry and the planning and procedures that accompany that decision, with divorce the decisions are often adversarial and far reaching.  Often times other interests beyond those of only the Parties are involved, such as children and sometimes even new partners, that impact the decision making process.  That being said, the decision to divorce should not be made impulsively, recklessly, or without a great deal of thought and reflection.

If you are considering divorce, it would serve you well to gather as much information as you can about the process.  This information can come from many sources: talk to you family and friends; ask questions; read books; look at online articles and blogs; actually go to the Probate and Family Court in your jurisdiction to observe hearings and trials that are often open to the public; and finally, consider speaking to an attorney.

Divorce, although a legal process, also involves a mental or emotional process.  Divorce is often emotionally charged, and you may find that it is appropriate, if not necessary, to seek professional counselling and support during all stages, including the initial decision to divorce.  It is not necessary that this initial counselling be mutual.  Individual counselling can also help.  

The goal in preparing for divorce is to gain control during the process which can potentially make the experience less stressful and even less painful.  Often times having knowledge of the expectations regarding what you will experience both personally and legally (both practically and procedurally) can alleviate a lot of the stress that accompanies divorce.

If you need the assistance of a family law attorney, contact Stevenson, Lynch & Owens, P.C. at (781)741-5000 to schedule a free consultation. We welcome the opportunity to meet with you personally to discuss your case.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact the office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established.  This blog is considered an advertisement.  The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the state. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.

Divorce Series: What is a Separation Agreement?

Posted by: Josey Lyne Payne, Esq.

When you are pursuing a divorce you are not only asking the Court to end your marriage, you are also asking the Court to decide who gets what.  The Court can base this decision on evidence that is presented by the Parties in pleadings and through a divorce trial.  Another way the Court “decides” is through the approval of a Separation Agreement created by the Parties.

If you are getting a divorce, you and your estranged spouse have the option to create a written agreement that states how matters relating to the divorce will be addressed.  The agreement should deal with the same issues that must be resolved before a judgment of divorce can be ordered.  Some of these issues are:

• custody of children
• a parenting plan, also known as visitation
• child support
• property division (including spousal support and pensions)
• what will happen to the marital home and other real estate (who will own, who will live)
• division of debts
• name change (Wife may revert back to maiden/former name if desired)

A Separation Agreement is only considered by the Court if both Parties sign.  Parties cannot be forced into signing a Separation Agreement.  At the divorce hearing, the judge may refuse to accept an agreement if (s)he believes it is unfair, uninformed (either Party did not have the opportunity to independent counsel), or if the agreement was signed under duress or as a result of intimidation.  Negotiation is not intimidation, but there are boundaries to help Parties distinguish between the two.  Once a duly signed Agreement is considered and accepted by the Court it is usually made a part of or incorporated into the divorce judgment.

If you think you may need a Separation Agreement there is no rule that you cannot write one yourself, but It is best to consult an attorney.  Some of the issues explored in a Separation Agreement can have far-reaching implications and consequences (such as tax and immigration consequences).  When drafting an Agreement, consider that circumstances do change over time.  Because the Court is governed by the “best interests of the children” standard, you should focus on your particular situation in that context.  Consider the needs of not only yourself and your estranged partner, but the needs of the children.  Remember, Separation Agreements are very technical, so writing your own is both risky and difficult.

If you need the assistance of a family law attorney, contact Josey Lyne Payne, Esq. at (781) 741-5000 to schedule a free consultation. We welcome the opportunity to meet with you personally to discuss your case.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. You are invited to contact the office. Contacting the office does not create an attorney-client relationship. Please do not send any confidential information to the office until such time as an attorney-client relationship has been established.  This blog is considered an advertisement. The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the state. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.