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Divorce and Family Law
Nothing is more stressful to people than the challenges in marriage, especially reaching that cross-road that demand making very tough choices that may very well lead to the demise of your marriage. The finality of a divorce comes with a new set of challenges for couples whether or not they have children.
Divorce, separation, custody, guardianship, paternity are all subsumed under the umbrella of family law.
Our attorneys are trained extensively in the area of Family Law and understand the severe consequences of making hard decisions that affect your family. We will review your set of facts to understand your circumstances and advise you on your best course of action. Sometimes marriage counseling might be all that is needed to cure the threat rocking the foundation of your marriage. We will present you with various options and help you through the process, ensuring that you understand the proceedings and negotiating from your best interest.
In divorce cases, most people initially have general questions which help determine how they would want to proceed. Often times, client will want to know the difference between a Separation and a Divorce. whereas the legal procedures for both are similar in most respects, the end result is very different. In a separation support action you are only separated at the end of the case. By contrast, in a divorce action, you are no longer husband and wife at the end of the proceeding. The distinction impacts other factors, but particularly your ability to remarry. If you choose a "legal separation" you can file for divorce at a later date.
The Divorce Process in Massachusetts
There are two types of divorce actions in Massachusetts, contested and uncontested divorce. In a contested case, one party files a Complaint for Divorce with the appropriate court and begins the action. The grounds for the action can be fault-related or just an irretrievable breakdown of marriage. Most of the cases are handled as any other lawsuit with most proceedings occurring in the court. This type of a proceeding is very lengthy and can sometimes take years to settle.
In an uncontested case, the parties agree to resolve their separation and divorce outside of the courtroom. Once settled, a Joint Petition for Divorce is filed and the divorce is final 120 days after the court approves the agreement. These types of divorce can be handled by separate attorneys for each party.
If you are at one of those cross-roads of your life and contemplating divorce or separation as on of your options, contact the team at BOS Legal and rest assured, we would strive to help you get through the ardous process.
MA General Divorce Provision