Divorce Law Lawyers in Melrose Assisting Individuals 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 that surround each case. 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.
What Should I Do if I Think My 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.
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
- Addiction to drugs or alcohol
- Cruel or abusive treatment
- Refusal to provide support to a spouse when able
- Confinement in a penal institution for 5 or more years
Can I Obtain a Divorce Even if My 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 then the overall process that surrounds 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.
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.
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 that we have been able to offer the citizens of Melrose, MA, and the surrounding communities. We have a proven track record in being able to resolve 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.
I worked with John & team on my divorce. His approach was great - taking us down a path of friendly and collaborative mediation with the other party. Will definitely continue to work with John & team for estate planning or any other legal matters from now on.