Divorce Attorney in Massachusetts
Kathleen A. Delaney, Esq. is a dedicated family lawyer in Woburn Massachusetts. Divorce is the legal dissolution of your marriage. This is a highly emotional decision and process because it involves the end of an intimate relationship. Divorce should not be about revenge or making your soon-to-be-ex spouse suffer. If it is, then you are in for a lengthy, expensive and stressful process. You have the power to decide whether you want a swift and practical resolution to the end of your marriage, or a costly and highly contentious divorce.
In most divorces, children are involved. Clearly, it is in their best interests to resolve all matters in a manner that preserves your relationship with your children and assures them that they are loved unconditionally despite the end of your marriage. Finances are also a primary concern during a divorce. The parties have to come to terms with managing two households when, often times, they can barely manage one. This can be overwhelming and fuels the already fragile emotions of the parties.
Probate and Family Court
The Probate and Family Court will assist you with your divorce. In Massachusetts, you and your spouse can file a Joint Petition. This occurs when the parties agree the marriage is over and need the assistance of an experienced attorney to help them draft the Separation Agreement and other documents. The Agreement is the guide that dictates how the parties will live after a divorce judgment is entered. It addresses alimony, child custody and expenses, the division of personal property and real estate, the division of retirement accounts, taxes, life insurance, and more. Once all terms are agreed to, the parties file the appropriate paperwork with the Court by mail or in person. If in person, the parties will present their Petition to a judge and obtain a judgment of divorce on that day. If by mail, the Court will assign a date when the parties appear before a judge to obtain the judgment of divorce.
The more contentious option for divorce is when one party files a Complaint for Divorce. You should consult with an experienced family attorney prior to filing a Complaint because there are preliminary measures that should be addressed. For example, the non-filing party, the Defendant, has to be served in-hand by a constable. The filing party, the Plaintiff, might want to consider whether the Defendant should be served at home (possibly in front of the children and/or neighbors) or elsewhere. Additionally, there are several other documents, and a filing fee, that need to be filed with the Complaint. If children and/or abuse are involved, the Plaintiff will want to file and schedule a Motion for Temporary Orders to ensure that the Defendant is removed from the home and that the Plaintiff receives child support for the children. Once the Complaint is served, an automatic (financial) restraining order is in effect. Neither party can sell or transfer assets or incur debt without permission from the Court. A judgment for divorce cannot enter until at least six months after the filing of the Complaint. This gives the parties, and their attorneys, the opportunity to negotiate the terms of the Separation Agreement and all other matters (custody, child support, division of property, etc.).
Most divorces, with the assistance of the Court and depending upon the attitude of the parties, are settled without going to trial. There may be a few court appearances between the filing of the Complaint and the judgment of divorce to help resolve some issues. These appearances at hearings often involve the children and/or the finances. If a divorce is scheduled for trial, the issues at trial are usually narrowed down to one or two (where will the children go to school, visitation, value of retirement assets, for example). It is in the best (financial) interests of everyone to settle without going to trial, but sometimes that just is not possible.
Before you begin the divorce process, you should consult with an experienced divorce attorney to review your options, your financial status, and the general process. Kathleen A. Delaney, Esq. is passionate about advocating for her clients and obtaining the best possible solution in an economically efficient manner. She will consult with you throughout the process to answer your questions, and give you realistic and practical explanations of your options. She expects her clients to take a proactive role in the process. If you have children, she understands that their best interests coincide with your need to be financially and emotionally secure during and after the process so that you can provide for them. If you are in an abusive marriage, she will help you obtain a restraining order to prevent any further abuse. When you are vulnerable, it is important to have an experienced attorney on your side so that you are not taken advantage of by your spouse and/or the legal process.
Kathleen A. Delaney, Esq. will provide the legal support, knowledge and skills you need. She passionately advocates for her clients to obtain the best possible solution in an economically efficient manner. She will consult with you throughout the process to answer your questions, and give you realistic and practical explanations of your options.
If you have children, Kathleen A. Delaney, Esq. understands that their best interests coincide with your need to be financially and emotionally secure during and after the process so that you can provide for them. When you are vulnerable, it is important to have an experienced attorney on your side so that you are not taken advantage of by your spouse and/or the legal process.
Conveniently located in Woburn center, contact her for a complimentary divorce consultation:
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. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.