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The Law Offices of |
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Attorney Susan Klueppel |
Tel: 508-358-2656 |
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260 Boston Post Road, Suites 4 & 5, Wayland, MA 01778 |
Fax: 508-358-2787 |
The Divorce Process - Part 1
Divorces are granted in Massachusetts by the Probate and Family Court by authorization of Chapter 208 of the Massachusetts General Laws (MGL). These laws govern the commencement of the divorce action, the divorce proceedings, and grant a specific authority to the court regarding custody of minor children, alimony, assignment of real estate, restraining orders, and other divorce related issues.
The Massachusetts Rules of Domestic Relations govern the court procedures, including how and when the complaint is filed and served, what and how discovery of information is obtained, and other divorce related procedures.
In Massachusetts, divorces are granted on the basis of fault or no-fault.
Massachusetts General Law C.208 Section 1A and 1B govern no-fault for "irretrievable breakdown of the marriage".
Section 1A allows for divorces
where both parties petition the court stating that an irretrievable
breakdown of the marriage has taken place, and include a signed agreement by both
outlining the terms of their divorce.
Section 1B allows for divorces where only one party petitions the court stating that an irretrievable breakdown of the marriage has taken place. A party who files a Complaint under this section may proceed while the other party contests the suit, or may later amend his/her Complaint to a Section 1A when/if the other party agrees that there is an irretrievable breakdown of the marriage and enters into an agreement that provides for the resolution of the divorce issues.
A divorce may be filed on the basis of fault as provided by Massachusetts General Law Chapter 208 Section 1. Those grounds are:
• adultery,
• impotency,
• utter desertion,
• gross and confirmed habits of intoxication - caused by excessive use of intoxicating liquor, opium or other drugs,
• cruel and abusive behavior.
Initial Contact with an Attorney:What to Expect and What Not to Expect
One of the most frequently asked questions from a person about to embark upon hiring a divorce attorney is: "How do I find a GOOD divorce lawyer?" A potential client should understand that finding a lawyer who will provide him or her with good legal representation requires a certain amount of homework and research on his/her part.
The following is a list of possible resources available to anyone looking for an attorney:
• referrals from friends and/or other professionals who are familiar with a particular attorney's work and reputation,
• Bar Association referrals: state or local associations can provide names of attorneys who are experienced in divorce/family law,
• newspaper or telephone or internet advertisements (gives information but difficult to glean substantive information about the listed professional).
Once the client has received a name (or names) of an attorney(s), the next step is to make a telephone call to that attorney's office to ascertain:
• whether an initial fee for consultation is charged,
• what the attorney's hourly fee is,
• whether the attorney has a schedule that enables him/her to be available to handle the case.
An appointment is made for an hour consultation with the attorney.
During the initial meeting, the client should ask the attorney:
• if he/she concentrates in family law,
• what experience he/she has had in similar cases,
• what, if any, retainer is charged and how charges are billed against it,
• if another member of the law firm will be handling the case; and, if so, who that attorney is.
During the initial meeting, the client should expect the attorney to do a thorough intake in order to provide the client with a proper assessment of legal charges, time, and possible issues and their likely resolution. The attorney should be prepared to ask the client:
• preliminary questions to ascertain general information and data, and
• specific questions to ascertain the factors necessary to determine issues and likely resolutions.
The attorney should spend
from an hour to two hours in this initial consultation to make a thorough preliminary
assessment of the client's issues.
The client must not expect to get "guarantees" from an attorney. In fact, since it is virtually impossible for an attorney to predict with absolute certainty the outcome of a case, a client should be wary of an attorney who offers such a guarantee.
The client should expect that any fee agreement between him/herself and the attorney be in writing. The client should read and fully understand all terms of his/her agreement for payment of legal fees. Nobody wants to invite surprises in this area.
The fee charges for legal services are governed by the profession's ethical code that requires fees be reasonable. The fees are normally charged on an hourly basis. If a retainer is required, the client should find out whether or not the retainer is refundable. Retainers are a certain sum of money that is set aside by the attorney in his/her escrow account against which an hourly fee is charged. Contingency fees (percentage fees) are not allowed in Massachusetts for domestic relations actions.
In certain cases, the legal fees may be assessed against the other party. The client should ask about this possibility. There is, however, no guarantee that these fees will be paid by the other party.
Further information can be found on our page
Questions to Ask When Hiring a Lawyer
The proper preparation of your case, whether a settlement is reached or a full trial is necessary, is ESSENTIAL in order to obtain a favorable result. That preparation is possible only if your attorney has knowledge of all relevant facts. Providing the following documents when available and as soon as possible will help to eliminate unnecessary and costly delays.
• certified copy of your marriage certificate
• copy of any Ante-Nuptial Agreement or contract concerning the marriage
• copy of your most recent payroll statement with year-to-date totals included from all employments
• copy of your spouse's most recent payroll statement with year-to-date totals included from all employments
• copies of federal and state income tax returns, including all schedules, filed by you and/or your spouse for the last three years
• copies of any tax returns, profit and loss statements, and any other records concerning any business interests during the last three years
• copies of documents describing you and your spouse's employment benefits, including pension rights, annuities, stock options, profit-sharing plans, and insurance
• copies of any trust instruments in which you, your spouse, or the minor children have any interest whatsoever
• copies of all insurance policies and/or statements
• copies of all documents concerning all real estate in which you, your spouse, and/or the children have any interest whatsoever
• copies of statements concerning any depository accounts in which you, your spouse, and/or the children have any interest whatsoever during the last twelve months
• copies of any and all personal net worth or financial statements furnished to any organizations for any purpose during the last three years
The information presented at The Law Offices of Attorney
Susan Klueppel website is for general information purposes, and may be considered
advertising under the rules of professional conduct applicable to our legal
profession. It should not be construed to be formal legal advice nor the formation
of a lawyer/client relationship. Persons accessing this site are encouraged
to seek qualified counsel for advice regarding their individual legal issues.
Copyright © 2004-2007 Susan Klueppel, Wayland, MA. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
