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.

Divorce Series: What Issues Are Decided in a Divorce?

Posted by: Josey Lyne Payne, Esq.

Initially the Court must decide if there are even grounds for a divorce.  Grounds are the legal reason(s) why the marriage has failed and eligible to be legally dissolved.  In Massachusetts, there are 7 fault grounds (where the Court finds that a marriage has failed due to the fault of one of the Parties), and a no-fault ground (where the Court finds that the marriage has failed, but not due to any fault by either party) – grounds will be explored in later posts in the series.

Aside from the grounds being decided, there are several other issues that must be decided before a judgment of divorce occurs.  Some of these issues are:

• custody of children; both legal and physical
• support of children; including education
• visitation with the children; otherwise known as a Parenting Plan
• division of assets (pensions, bank accounts, and stocks)
• alimony; also known as spousal support or maintenance
• division of personal property; personal property, such as the car(s) or furniture
• what will happen to any real estate
• who gets to live in the marital home
• division of debts; credit cards, living bills such as utilities
• name change; if a Party decides to resume her maiden name
• if applicable, Abuse Prevention orders

These issues may be resolved and agreed upon by the Parties themselves and then incorporated into the Divorce Judgment, or if the Parties fail to agree on any or all of the issues, the Court will decide the issues in dispute based upon a trial where the Parties will have an opportunity to present evidence to support the judge’s decision.

One of the most effective ways that the Parties can get assistance to succesfully reach agreements themselves, which is far less expensive  and less risky than going to trial, is by using alternative dispute resolution (ADR) services, such as mediation.

The issues that must be decided are complex and hiring independent counsel is advisable.  Every situation is different, just as every family is different.  A Party may hire a lawyer to assist and advise them both with the divorce itself and with mediation.  It is important to understand that a mediator is a neutral body that facilitates the conversation(s) between the Parties.  A mediator, who may be an attorney, is not your attorney and cannot legally advise you.  They may discuss the law with you during the mediation process in an educational or general information way, but they are not advocating for or representing your interests.  To protect  your interests you should consult a lawyer independently.

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 for Josey Lyne Payne, Esq.  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: Divorce vs. Separate Support

In Massachusetts, when you no longer wish to share your life with your spouse, divorce is not your only option.  Married couples may choose to live apart from one another while remaining legally married. Couples may choose to do this for a number of reasons such as religious beliefs, personal beliefs, financial implications of divorce, or, if applicable, in consideration of the children of the marriage.

Rather than filing for divorce, the other options to gain a legally recognized separation is to file for a judgment of support, or a judgment of separate support (which also considers and decides custody arrangements).

Though both mechanisms result in a legally recognized separation based on a court order/judgment, there are differences.  The key difference is that divorce legally ends/dissolves a marriage, whereas an order of separate support does not.  Despite this main difference, a judgment for divorce or a judgment for separate support are quite similar in that they address a lot of the same issues.  Both can address issues of custody, parenting schedules (visitation), child support, and spousal support.  Likewise, both options require a filing with the court (different papers) and a subsequent judgment.  Further, both have real world consequences and collateral implications that may not be apparent at first glance.  Both options can be complex and confusing and so speaking with an attorney to better understand your options and legal rights is advisable.

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 for Josey Lyne Payne, Esq.  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 Divorce?

Posted by: Josey Lyne Payne, Esq.

What is a divorce?  At first blush that may seem like a simple question with a simple answer. Upon closer inspection, the answer really isn’t so simple.  Divorce is a legal process that takes time and expertise to navigate through.  Divorce requires court intervention and can be quite complex in scope and consequence.  Although a party has the right to go “pro se” (represent themselves), due to the complexity it is advisable that you speak to an attorney who understands the law and processes of matrimonial law.

Divorce is a court judgment that allows for the dissolution or legal ending of a marriage.  In Massachusetts, the court requires a legal reason or “grounds” for the divorce (more on the available grounds in later posts).  In addition to considering the grounds for a divorce, the court also considers other issues that are collateral to the divorce such as property division, child custody & support, and alimony, if applicable.  These issues must be addressed and reconciled before a divorce can legally become final.  A divorce attorney can navigate you through the process and ensure your interests are protected in the process.

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 for Josey Lyne Payne, Esq.  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.