Compassionate Family Law Services in Massachusetts
Divorce 101: Your Complete Guide to Navigating Divorce
Looking for information on divorce or a more peaceful path than the horror stories that you've heard of? Here at Foundations Family Law & Mediation Center, we’ve seen just about everything when it comes to divorce — both in our years as attorneys and through the stories that our clients share with us. But here’s the good news: divorce doesn’t have to be a nightmare. Explore your options and educate yourself on the various paths ahead, as you are in charge of your own story.
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The Divorce Process in Massachusetts: What to Expect
Let's get real - this is the information anyone getting divorced should know before they start the process.
Filing for Divorce in Massachusetts
Getting divorced may seem like a daunting experience. The truth is, there are several periods of "hurry up" and "wait". To start, a Complaint for Divorce and accompanying pleadings are filed. Then, the court gives us the green light to serve the Defendant (your soon-to-be-ex-partner) with a Divorce Summons. We then compile and exchange financial statements and documents with the other side during the discovery and negotiation phase. Many divorce cases can be resolved at this point, but for more complex matters, the parties and attorneys will attend a pre-trial conference, some further review/status hearings, and then, eventually, a trial. If temporary orders are needed while the case is pending, motions may also be filed and the parties may attend further hearings to obtain court orders. It's important to note that at any time during this process, the parties can reach an agreement and convert the divorce into an uncontested matter by signing and filing a Separation Agreement (AKA Divorce Contract) with the court. This document can also be created through utilizing our Mediation services.
Uncontested vs. Contested Divorce in Massachusetts
So what does it mean when a divorce is "Uncontested"? In an Uncontested Divorce filing, both parties are in agreement on all terms of their divorce including the division of assets/debts, child support/custody, etc., and the divorce will not be disputed. This is a situation where Mediation could be a cost-saving alternative rather than immediately filing in court. However, in a Contested Divorce filing, no agreements or only some agreements have been reached yet, but one party wants to initiate the divorce process. Here at Foundations Family Law & Mediation Center, we take a solutions-oriented approach and focus on negotiating strategic settlements from the very beginning of your case. With this "litigation as a last resort" mindset, we can quickly find common ground with the other side, determine the main issues of contention that may require judicial intervention, and help you reach your goals as swiftly, cost-effectively, and peacefully as possible.
How much can a Divorce in Massachusetts cost?
Mediation and uncontested divorces are the most affordable ways to get divorced, so they are certainly worth exploring to see if your situation would be a good fit for these options. However, not all divorces can be settled amicably from the outset. If you file a contested divorce (which still could be settled later in the process), a realistic ballpark range for expected costs is somewhere in the realm of $10,000 to $15,000. Cases with extensive discovery and/or significant contested issues can easily translate to $30,000, $40,000, or more in attorney’s fees before trial.
How long does it take to get Divorced?
It’s no secret that divorce can be a lengthy process, but having a general idea of a timeline can be helpful for planning purposes. We’ve had cases resolve in a matter of weeks to over three years (although, the latter is rare). The majority of cases settle somewhere in the 12-18 months range.
As a general rule of thumb, marriages of a shorter duration, in which the parties do not have substantial assets, or share children in common, can generally settle in a shorter time period. Long-term relationships and marriages with complex financial assets or contested child custody issues may take longer to resolve.
How do I prepare for court?
Court Day can feel like it's going to be the most stressful part of the family law process, but the anticipation is usually worse than the actual experience. As there is so much done beforehand, it goes very quickly and leaves most of our clients remarking, "Is that it?!"
However, it does help to be prepared, so a few tips to get ready for your day in court are: showing up early to allow time to find parking and the correct courtroom, bring the documents you were asked to provide by your attorney, and using tools to ground yourself and remain as calm as possible. Another trick is to pretend it's an interview - take care of personal hygiene, wear professional clothes, and be prepared to make a good first impression by appearing confident and engaged (even if you're falling apart inside). No showing up drunk or hungover, no talking unless you're asked to speak, and above all NEVER argue with the judge, your ex, their attorney or court officers.
Free Resources to Help You Prepare for Divorce
Divorce can be overwhelming, but it doesn't have to be! Read these free resources to get a better idea of what to expect.
Unsure what your journey will look like? Let's dive in!
Interviewing attorneys but don't know what questions to ask? Start here!
Common Parenting Time Schedules
When parents divorce or separate, one of the most important considerations is creating a parenting time schedule that outlines how they will each share time with their children.
What Happens to the Marital Home in a Divorce?
In some cases, figuring out what to do with the marital home can be a major source of contention and ultimately delay final resolution of the divorce.
Decoding the “Best Interest of the Child” Standard
In many states, including Massachusetts, family court judges are tasked with rendering decisions that are in the “best interest” of a child.
What to do when you’re ready to talk to a Massachusetts divorce attorney
Why Foundations Family Law is the right choice: Compassionate, Experienced Massachusetts Divorce Attorneys
Step One: Book a Discovery Call or Consultation
When you're ready, we'll be here with a open heart and supportive ear to hear the details of your case and see if we're a good fit for your situation! You'll select the Tier of representation you need, and we'll book your legal consultation.
Step Two: Meet Your Attorney
You'll meet with one of our all-star attorneys, and they'll start talking strategy and answer all your burning legal questions right from the get-go.
Step Three: Starting your Divorce Journey
The path ahead may be uncertain, but our Client Concierge, Renee, will accompany you every step of the way, making sure you have the support you need and to keep you grounded through the end of this chapter in your story.
