Divorce is a particularly difficult and emotional issue to deal with. There are a number of considerations that must be made regarding your assets, your debts, your living arrangements and even your income. If you and your spouse have children, you have the added complexity of physical and legal custody, visitation, and child support. And if there has been abuse in the relationship, you might have need of a restraining order as part of the divorce. A Boston divorce lawyer could provide the guidance you need and help answer any questions you have.
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A Wide Range of Divorce Advice
Geller Benjamin LLP represents clients for all areas of divorce, including:
- Child Custody
- Alimony (Spousal support)
- Child Support
- Property Settlement, including property division and business valuation
- Abandonment
Divorce is stressful and most people are not in proper emotional place to deal with many of these issues that come up and enter into agreements that are not in their best interest. You need an attorney who is compassionate and understanding and realizes that this is a vulnerable time for you, a time when you need help making decisions that are in you and your children’s best interests. You also have to understand that there are a lot of issues that must be considered before simply entering into an agreement, and without proper advice, you may find yourself in an extremely uncomfortable situation. The consequences of agreements made during this process can last years.
Two Types of Divorce
There are two different common ways to obtain a divorce in Boston. The first is an uncontested divorce or “1A” divorce. The other is a contested divorce which is typically referred to as a “1B” divorce.
Historically, divorcing couples needed to state grounds or faults for filing divorce. These grounds still exist today and are listed in Mass. General Laws chapter 208, section 1:
- Adultery
- Desertion
- Gross and confirmed habits of intoxication
- Cruel and abusive treatment
- Non-support
- Impotency
- A prison sentence of 5 or more years
In most instances, it is easier to file for “no fault” divorce under “1A” or “1B.” Filing a “fault” divorce requires proving one these grounds and can prolong the divorce process.
A “no fault” divorce is a divorce where the marriage has become broken beyond reasonable repair. In many states this is referred to as “irreconcilable differences.” Under state law, it is referred to as an “irretrievable breakdown of marriage.” A knowledgeable Boston attorney could help decide which type of divorce is best for a couple’s circumstances.
Uncontested Divorce: 1A
Both spouses are often in complete agreement that their marriage is over and beyond repair, and have reached agreements on child support, parenting time, alimony, child custody, dividing marital assets and liabilities, and other issues. Once both spouses have acknowledged in writing that the marriage has irretrievably broken down and have signed a Separation Agreement with terms including child support, parenting time, alimony, child custody, and dividing marital assets, they may jointly file an uncontested no-fault divorce petition. If they have minor children, they will be required to attend a court-approved parenting class before a divorce is granted.
Contested Divorce: 1B
If only one spouse believes that the marriage is over and there is an “irretrievable breakdown of the marriage” or both spouses believe the marriage is beyond repair, but they are not in agreement regarding alimony or spousal support, child custody, child support, or dividing marital property or debts, the only option is to file a contested “no fault” divorce.
After filing for a contested divorce, parties often come to an agreement and may file a motion to convert the case to an uncontested “1A” divorce. In many counties, the divorce may be finalized immediately. In other counties, you may need to wait from three to five weeks for a hearing to have a Judge to approve the divorce agreement or “Separation Agreement.” There is typically no wait if a hearing is already scheduled.
What Is the Nisi Period?
The divorce nisi is the period of time between the judge granting the divorce and when the divorce becomes final. A divorce does not become final for up to 120 days following the judge entering a judgment of divorce. The parties may not remarry during this “nisi period.” The parties have a chance to change their minds and make sure one party did not fail to report assets or mislead the Court or the other party about their property holdings or income. No further action is required. Once the “nisi period” is over, the divorce will automatically become final. For a 1A divorce, a judgment nisi is entered automatically thirty days after entry of the order approving the agreement. Ninety days later the divorce become final. For a 1B divorce, the divorce becomes final 90 days from the date of the hearing if a judgment is entered. A seasoned legal representative could help a family further understand the significance of this period.
Contact a Boston Divorce Attorney about Your Case
If your divorce requires orders regarding alimony or spousal support, child custody, child support, college expenses, medical insurance coverage, dividing marital property or debts, you should retain an experienced attorney to ensure your interests are protected.
Finding a Boston divorce lawyer with whom you can collaborate is extremely important. Although your representation can’t make your decisions for you, they can help guide you through the process and explain the legal and practical issues of each decision as well as the legal ramifications of your decisions moving forward. Our family law attorneys are here to help you through the process and make sure that you get the help and support you need throughout the divorce process. We’ve helped many Boston clients find favorable outcomes both out of court and through litigation.
If you’re thinking about filing for divorce or are already going through one and need family law services, reach out to us online to schedule your initial consultation.
Attorney Benjamin won my respect right from the introductory meeting and continues to deliver great solutions every step along the way. His acumen has earned my complete confidence in him.
One question is often asked when you divulge your divorce: “You have a good lawyer?”. I have a good lawyer.
Attorney Benjamin always returned an inquiry whether by phone or email, which I greatly appreciated. I was always informed every step of the way. Meeting in person was always friendly and informative. I highly recommend him.
James Benjamin was my attorney for a divorce that was long and complex.
He is professional, kind, and very good at explaining the different options and what he thinks is the right way to tackle something.
He helped me get through a very difficult situation and helped me to advocate for the best interest of my child. I found him to be honest and straightforward in figuring out what to do.
I can’t say enough good things about him and highly recommend him!
The firm was always available to address my concerns. My email and phone calls were replied to /answered promptly. They have my utmost recommendation. My case went smoothly and timely.
I had a complicated and acrimonious divorce that had been lingering in the courts for over 2 years. Within a few months of taking on my case, James was able to reach a settlement agreement. He was also the only attorney I dealt with, over the course of the case, who I felt truly understood how important it was for me to continue to be an active parent for my children, and also understood what this practically entailed for the settlement terms. I will be forever grateful for his considerate and professional management of my case.
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Jacob is a very knowledgeable lawyer who is punctual and extremely responsive. Jacob expressed professionalism during my application process to become a U.S. citizen, keeping me informed and up to date every step of the way. Thank you so much Jacob for all of your hard work!
Attorney Benjamin comes highly recommended! He is knowledgeable in family law and relentless in his defense of your rights. He recently represented me in a child support matter and did so effectively. I will be seeking his services in other upcoming matters as well.
Jacob helped me during one of the most difficult time in my life. His understanding and dedication to my divorce helped to make it a little easier. He is also fluent in Spanish which was a big plus; do to my emotions every time I couldn’t explain myself he would talk to me in Spanish and that would make me smile and it would help me relax. Jacob is not only a great attorney but an excellent human being.
I was fortunate to find James. He recently helped me with complex family financial legal issues. He is very technically knowledgeable and(as the review below states): “he is impeccable in his follow through” – he never left me hanging without returning calls or getting things done and was very always supportive. I have been a CPA for over 35 years and have worked with many lawyers. He is unquestionably one of the most competent attorneys I have met, while, at the same time, also being the most responsive to his clients’ needs. I felt protected and understood.
I hired Jacob D. Geller to help me to remove the conditions of my Green Card, based on divorce (divorce after a good-faith marriage). Jacob was transparent, confident, and accessible through the entire process. At the end, I had the conditions removed, even without the need to go for the famous interview with an immigration officer, which saved me a lot of worries. I am deeply tankful for his professionalism and commitment with my case. I highly recommend Jacob D. Geller and his team to work on your case.
James Benjamin served as my mother’s divorce lawyer in Boston, MA. From the very start he presented us with various options on how to tackle it while always giving his guidance on what he felt was the best option for her, but still allowed her to make the final decisions.
My mom is extremely happy with the end results and would highly recommend his services to anyone. He always responded promptly whether by email, text, or phone call. He explained the situation and any terms, new vocabulary and even the possible outcomes of how the case could go. He dealt with everything so we would not have to and we are extremely appreciative of it!
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