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Massachusetts Divorce Lawyers
Steps of divorce as per Massachusetts divorce lawyer
- Invest some time to find a good lawyer whom you may trust
- With the help of the lawyer, explore options like reaching a settlement through a mediator or temporary separation
- If the issue can not be solved by the couple, then the divorce goes to court
- One of the spouses files a request for divorce in the court. This spouse is called as the plaintiff
- A copy of papers is submitted, generally in person, to the other spouse, who is called as the defendant
- Within 20 days time, the defendant must reply in writing
- After the response is received by the court, the pretrial period of the case begins and this may extend for many months
- During the pretrial period, if the 2 parties reach a mutual settlement, the case does not go to trial
- During the discovery or pretrial period, both parties collect all relevant facts and documents and prepare the arguments. Each party has a right to review other spouse’s information
- Discovery consists of requests for documents like economical records, deposition or oral questioning outside the courtroom and interrogatories or questions which the opposite side have to compulsorily answer in writing
- the lawyers present some motions or requests to the judge, which may or may not be granted
- A GAL (Guardian Ad Litem) may be appointed by the court and his duty is to determine the best results for the children. He may interview the children and parents and then issue a recommendation pertaining to visitation and child custody
- Usually, a plethora of cases are settled outside the court. If this does not happen, a trial has to be faced before the judge. Every party has to present proof to support their case as well as testimony by witness. The judge studies the case and several days later, issues a decision
Initial steps essential as per Massachusetts divorce lawyer
- In this state, the couple has many options like litigation, collaborative law and mediation. It is essential that the couple exposes themselves to these options and the divorce process
- When a spouse approaches a lawyer, the lawyer asks regarding the marriage and the circumstances which led to the divorce decision. So, it is essential to start writing about these facts and sorting them out so that they can be explained distinctly
- Gather financial documents like auto payments, mortgages, credit card statements, salary stubs, tax returns, bank statements etc
- Gather legal documents like children’s birth certificates, passports, immigration records, marriage certificate etc
- The above mentioned documents must be secured in a safety deposit box or your workplace or the home of a trusted friend or relative and not kept in your own home
- Freeze or close the existing joint accounts like credit cards and credit lines and ensure that you would not be responsible for new debts or charges incurred by your partner
- Avoid signing any papers without consulting a lawyer
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