Deciding to end your marriage is always a stressful decision. It is not just about a change in your marital status. Divorce is likely to impact your lifestyle, financial situation, and family relationships. Furthermore, navigating the process in Andover and understanding Massachusetts divorce laws can be overwhelming. You cannot expect to do things alone, and it is imperative that you have a qualified legal expert on your side to guide and advocate for you. In this post, we answer some common questions, along with the need for Andover divorce lawyers.
What are the grounds for a Massachusetts divorce?
Just like two marriages, two divorces are never the same. If you and your spouse can resolve conflict amicably and agree upon things like asset distribution and child custody, you can have an uncontested divorce. A contested divorce is when parties don’t have a consensus on critical issues. Massachusetts allows for both no-fault and fault-based divorces.
I want a divorce, but my spouse doesn’t. What now?
As we mentioned above, Massachusetts allows for no-fault divorces, which means just stating that you have irreconcilable differences with your spouse and cannot continue with the marriage is enough. Your spouse could contest the divorce on other grounds like child custody, child support, assets, and alimony, but there is no way they can stop you from asking for a divorce.
Can we consider legal separation?
No, Massachusetts does not have the option of “legal separation”. You don’t have to live away from your spouse to ask for a divorce. A couple may consider a separation agreement when they want to set terms for the impending divorce and resolve critical matters.
How long will it take to finalize the divorce in Andover?
It really depends on your circumstances. If you and your spouse have no major reasons to fight, you can have an uncontested divorce in Andover, which can be finalized soon. According to Massachusetts laws, the minimum waiting period is 90 days. However, contested divorces often continue for months or even years, given that separating spouses cannot agree on certain matters.
Is there a difference between an annulment and a divorce?
Yes, an annulment is cancelling the marriage as if it never happened. For example, if you married someone and realized they were already married, you can always go for an annulment. A divorce is meant to end a marriage. Let’s assume you married someone, and within a week, you realize your mistake, you still have to go for a divorce.
What is collaboration and mediation?
Just because you and your spouse are fighting doesn’t mean you have to take these disputes to court. Collaborative divorce is an option where both parties negotiate and discuss things until they come to a resolution. Mediation is also an alternative to litigation, with the only difference being the involvement of a mediator, who is a neutral third party.
Do I need a divorce lawyer?
In short, you certainly need a divorce lawyer. You need someone who is based in Andover and understands how things work here. Whether it is an uncontested divorce where you need an attorney just to handle the paperwork and ensure everything is done right or a contested divorce where your lawyer is involved in negotiations and arguments, their role cannot be undermined. You must understand that divorce lawyers do more than just explain the state laws. They work in clients’ interest and ensure they don’t end up in a space where their rights are compromised.
Find a divorce attorney in Andover today and talk to them in person to discuss your unique circumstances and expectations.
