Middlesex County Divorce Lawyer

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 Middlesex County divorce lawyer could provide the guidance you need and help answer any questions you have.

Call us or use the contact form to get started with a dedicated family attorney.

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 Middlesex County. 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 Middlesex County 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 Middlesex County 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 Middlesex County 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 Middlesex County 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.