Essex County Divorce Attorney
Experienced & Responsive Representation in Danvers
Whether you’ve been planning a divorce for years or have been recently served with divorce papers, it’s time to enlist the help of an Essex County attorney. At Rudolf A. Jaworski Jr. PC, we’ve been serving clients from our office in Danvers for over 40 years. Our compassionate and responsive staff can help guide you through this challenging time. We can effectively moderate cases that need to be litigated and settle those that can be amicably resolved. We aim to provide you with a cost-effective solution that ensures you’re ready for the next step in your life.
What are the Two Types of Divorce in Massachusetts?
There are two types of divorce, contested and uncontested. Whether you agree on the terms of your divorce will determine which one you will file for.
- A contested divorce will be filed if you and your spouse cannot come to an agreement on all terms. These terms include various issues including child support, custody, and division of property. Contested divorces may take longer since they require a court hearing and a discovery phase.
- Uncontested divorces in Massachusetts are quick in which both spouses agree to the divorce terms, meaning they agree on the division of property, child custody, and child support.
How Long Does Uncontested Divorce Take in Massachusetts?
An uncontested divorce in Massachusetts can take 90 to 120 days to finalize. The timeline is closer to 120 days if a separation agreement is involved. The timeline includes the time it takes for both spouses to sign a separation agreement, plus two to six weeks to schedule a hearing date. The divorce becomes final three or four months after the hearing.
Is Massachusetts a No-Fault Divorce State?
The state of Massachusetts allows for both fault and no-fault divorce. For couples filing for a no-fault divorce, it can be a 1A or 1B divorce:
- A 1A divorce is when both spouses agree that the marriage is broken, and they have already come to an agreement for issues surrounding child custody, support, and alimony. This is also called an uncontested no-fault divorce.
- A 1B divorce, also called a contested no-fault divorce, is when only one spouse believes the marriage is broken and the same terms mentioned are not agreed upon. Issues that are usually expanded upon in 1B divorces include property distribution and parenting schedules. Keep in mind, you can always request to change the divorce from 1B to 1A if an agreement is made.
In a fault divorce, the spouse asking for the divorce must prove one of the following 7 grounds:
- Desertion or abandonment
- Cruel and abusive treatment
- A prison sentence of at least 5 years
- Habits of intoxication
Fault divorces are known to take much longer and can become expensive over time. It is not uncommon for fault divorces to take years to finalize.
What if We Get Divorced in a Different State Than When We Were Married in?
You are not required to apply for divorce in the same state you've married . In Massachusetts, the divorce petitioner may have remained in the state for at least a year. You can apply in the county where you have lived before with your spouse or your current county where you now reside.
What if My Spouse Wants a Divorce But I Don’t?
A divorce is quite difficult to appeal. Since this state provides for divorce based on "irreconcilable discrepancies," what the partner has to do is show that they can no longer live with you. For certain women, this is an indication that it's time to move on. Courts aren't in the business of pressuring people to stay together if they don't want to.
If your partner applies for divorce based on blame, you have the right to contest the grounds for your fault. However, rather than ending the divorce, this would most likely turn it to a "no fault" divorce.
Understanding Your Divorce Proceedings
Filing for divorce can be an extremely challenging time. Not only is it the end of a union, but in many cases, it’s the start of a difficult time where assets need to be divided and your future can be impacted. Because of this, working with an attorney is the best way to ensure a successful split for all parties.
We can help clarify your rights and address concerns such as:
- The tax and financial implications of various property division scenarios
- Who is responsible for the mortgage, health insurance, child care, and more
- Which party is able to retain the family home
- Who will have primary physical custody
- Alimony and child support requirements
Additionally, our Essex County divorce attorney can help you file a temporary order in order to protect you during your separation and ensure all proceedings are moving efficiently.
Finding the Right Solution for Your Family
Not every marriage needs to end in divorce. At Rudolf A. Jaworski Jr. PC, we do our best to find a legal avenue for you and your family’s future. We can help guide you through:
- Mediation: To avoid litigation, working with a neutral party to mediate the situation is key. This will ensure a long-term relationship with your ex-spouse and ensure all assets are divided to everyone’s satisfaction.
- Legal Separation: For couples that are not fully committed to divorce, a legal separation may be the best option. While it gives you the same benefits, the marriage is not dissolved entirely.
- Annulment: When a divorce is not enough and you want all records of the union removed, an annulment is the best option. This method will erase the record and effectively make it as if the marriage did not happen.
What Sets Our Firm Apart?
At Rudolf A. Jaworski Jr. PC, we’ve been helping families through divorces for over 40 years. As a reliable Danvers divorce attorney, we understand that every case is different, and all proceedings need to be handled with compassion and reliability. Our staff is highly responsive and will always be available to help without creating issues that add to your expenses. While our goal is to find an amicable solution for all parties, if litigation is needed, you can count on our experienced lawyer to help you every step of the way.
Contact Rudolf A Jaworski Jr PC to schedule a consultation with our divorce lawyer in Essex County!
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