Typically there are stages in a divorce case that the attorney and client must navigate, some of these stages will require more frequent communication than others. For example, in the first weeks of a case there is typically more communication between the attorney and client.

Week I – the attorney will have an intake to complete with the client which addresses many issues relative to the marriage: children of the marriage, length of marriage, assets, liabilities, and many other similar questions. The client, during this initial period will have many questions as to how the divorce will proceed, for example:

• when will I officially be divorced?
• should I move out of the home?
• what do we do with our joint bank accounts?
• when do I have to go to court?
• how long does divorce take in Massachusetts?
• how do I get a restraining order?
• how do we handling caring for the kids?

These are just a few questions that clients frequently ask when contemplating a divorce in Massachusetts. Once this initial divorce intake period is over, typically communication between attorney and client will wane until the next event. For example, the Husband or Wife to a divorce may want to file a motion for child support, custody or to address some other matter to the divorce. This motion period will be another time when communication between client and attorney increases.

There are many other times when communication between client and attorney will increase. The most important thing about choosing an attorney when considering that attorney’s ability to communicate is to make sure that the attorney willing to communicate as often as necessary to address the legal issues involved.

From email to text to phone calls to in person meetings to Zoom calls the number of ways to communicate with your attorney are numerous. I find it helpful to establish early on with a client what their preferred method of communication might be, doing so avoids misunderstandings and increases the likelihood of productive communication. While the issue communication is often overlooked or brushed aside by attorneys, this is a mistake because it is the only method of acquiring accurate information upon which to build a case.

The answer to whether or not you should speak with your spouse about your divorce is both yes and no. What I mean is, you will need to speak about some topics with your spouse, but you don’t inform or disclose to your spouse the conversations that you might have with your attorney.

The idea of not disclosing information to a spouse can feel uncomfortable for some people. For others, when the division between the couple is great, not disclosing information is no real problem. Still, it must be mentioned that the conversations you have with your attorney are privileged and confidential and you have no obligation, nor should you without first checking with your attorney, disclose private conversations that you may have with your attorney with about the divorce.

From texts to restraining orders, the methods used to communicate or prevent communication in the days, weeks, and months before the finalization of a divorce are many. An experienced attorney is an invaluable took in bridging these many options. I firmly believe that this aspect of a Massachusetts divorce is probably the most important. A good, experienced attorney will take their time to understand your previous communication style with your spouse, will consider safety aspects as these issues may impact not only your own safety but those of your children, and develop a plan to help you communicate effectively (or stop communication altogether).

Each attorney or law firm is a bit different, but every attorney should have a method to send you secure email or access to a secure website link to view information, orders and other details about your case. DropBox, secure email through Outlook and other tools are very efficient and effective means of getting information about your case. Some attorneys may prefer to call or text you with updates so they can answer any questions you may have about a new order from a judge, etc. In any case, whatever the means of updating a client, an attorney should own the process and provide you with timely information pertinent to your case.

If you hired a plumber to redo your bathroom, would you want that plumber hiring out the electrician to do the work? How about having your pilot step off of the controls to be replaced by his assistance who has never learned to fly or land the plane? Get the point?

While a good, experienced divorce attorney may have many people working for them, one thing they should not do is sell you on their services only to discover later that their services are being replaced by a new, inexperienced attorney when what you really need is experience. I am not making the claim that new attorneys cannot adequately assist you in a divorce. I am, however, stating that you do not want a bait and switch – the experienced attorney is trotted out only to be replaced by the newbie when you are not looking.

Go into your meeting with your divorce attorney with a clear understanding and expectation of who will be with you on all aspects of your case. When it comes to drafting motions, pretrial memorandums and representing those documents in court – you want an attorney who has experience in these areas and can make an effective legal argument about them.

The precise cost of a divorce in Massachusetts can vary widely. For example, a joint divorce where both parties to the divorce agree on key issues to the divorce, divide up their assets equitably, and sign a separation agreement without negotiation, the cost can be under $5,000. At the other end of the extreme, a divorce involving a large number of assets, retirement assets requiring QDRO’s (qualified domestic relations order), that goes to trial, etc., can become very expensive, very quickly.

Your attorney should, at a minimum, provide you with a likely range for the cost of the divorce action so you can prepare yourself for the financial ramifications of divorce. It is not uncommon, for some attorneys to require a retainer up front to begin work then either arrange some type of payment plan or to expect payment in full on a monthly basis for charges received.

The best way to reduce your overall expenses in a divorce is to question the attorney up front as to the cost of the divorce in total or in part. The attorney will need to spend some time with you to come up with a reasonable figure, that is, they will need to know the circumstances of your case before being able to price out the divorce.

It is wise to know your enemy so you may be prepared for their actions. Your attorney should be able to reasonable anticipate what the other spouse may do. For example, you may be called into court within a few days or the first week of filing to respond to some motion filed on the case by your spouse. If the rationale behind the motion is unreasonable, wasting the court’s time, or frivolous you may be able to respond with a challenge demanding that your attorney’s fees for that response be paid for by your spouse. If these attorney’s fees are awarded, the other side will likely be sufficiently humbled to stop such behavior.

At other times, a spouse will avoid answering requests for various information and will generally be difficult in their response to your attorney. When this occurs, attorneys have various options, one of which is to demand that the opposition respond by filing a motion to compel and having that motion heard by the court. Such motions, when awarded, required the other side to produce documents or respond to inquiries by your attorney and failure to comply can result in sanctions against that party.

To my mind, the job of an attorney is to be as specific as possible in their responses to a client. The question here that a client may want to ask is…what should I expect the court to say? The answer to this question provides some insight to a client as to how likely a given strategy is to work. Say for example, the client wants to arrange an agreement with their spouse to waive child support in lieu of some other contribution to that spouse. Would a Massachusetts probate and family court allow such an arrangement? How do judges in Massachusetts typically rule on such arrangements?

An attorney ought to be prepared to answer, or to research an answer if the question is atypical, any question that you pose. After all, as the client you foot the bill, you should feel as though your representation is knowledgeable and prepared for the challenges that will come from the judge.

After answering your questions, the next issue that an attorney should be able to rattle off is what the Massachusetts law is on a given subject. Whether the issue is custody, parenting schedules, child support, alimony or other legal matters in a divorce…what does settled law, case precedent, and other key persuasive materials have to say about these issues. You need a good explanation of the law to assist you in developing a game plan, particularly in a contested divorce where the spouses are not agreeing on anything.

While there are many reasons to leave or physically separate following the filing of divorce in Massachusetts, there are equally sufficient reasons why one may wish to stay. The road that one takes with respect to the living situation of the couple depends greatly upon the individual circumstances. Domestic violence, abuse, neglect of either the spouse or children are clearly reasons to separate. On the other hand, during a joint divorce it may be possible for parties to cohabitate during the initial stages of divorce, or even longer depending upon the couple.

Not to be entertained lightly, however, there are certainly situation where on an emergency basis or even at a slower pace it may be possible to obtain a court order forcing your spouse to move out of the house. Again, certainly in an emergency situation – where one spouse is suffering abuse from the other, a restraining order is typically the best solution and can force the abusive spouse to maintain no contact with the other spouse for as long as the order last. Additionally, it is important to note, these restraining order can be renewed when their is evidence to do so.

A temporary order is just what it sounds like..an order that is temporary in duration (typically lasting from the effective date of the order until the judgment of the court) and which addresses some request from one of the spouses. Common temporary orders in a Massachusetts divorce are as follows:
* businesses owned by a spouse and mismanagement of those businesses
* sudden loss of savings due to a drug, alcohol or gambling addiction
* payment of attorney fees when one party is earning much more than the other
* child and/or spousal support
* child custody and parenting time

Getting a judge to approve a temporary order is a matter of contacting your divorce attorney to file a motion requesting something that you want from the court, sometimes explaining the law that is relevant to that particular request, attending the hearing on the motion and being prepared with an effective and persuasive argument to get your temporary order approved.

Contact us today for more information:

978-273-8337

rgaudet@gaudetlawoffice.com

Shared physical custody refers to each parent splitting the child equally, that is, each side having nearly equal contact with the child or children. Sole physical custody refers to a situation where one parent has the child for living purposes and the other parent has parenting time with the child. Be aware that some parenting time would not be in the best interests of the child, when this occurs in the setting of a parent with sole custody it is possible that one parent would not be allowed to maintain parenting time, or would be required to have supervised visits as a result.

Parenting plans, the details of these plans, vary widely. Ideally both parties to a divorce or custody battle develop the plan together and the judge approves or tweaks the plan. However, sometimes a jointly submitted plan is not possible as the parties positions are so oppositional. When the custody battle is severe, each side submits its own parenting plan and the judge makes a decision between them.

As of 2022, Probate and Family Court judges use the following chart to determine general term alimony when it is requested of the court:
For marriages up to 5 years: the term is to be no more than 1/2 the number of months of the marriage
For marriages 5 to 10 years: the term is to be no more than 60% of the number of months of the marriage
Where a marriage is from 10 to 15 years: the term is to be no more than 70% of the number of months of the marriage.
Marriages from 15 to 20 years: the term is no more than 80% of the number of months of the marriage; and for marriages from 20 or more years, the term is indefinite.

Massachusetts law also has something to say about the cohabitation of a spouse receiving alimony, with respect to general term alimony that is. Essentially, when a former spouse cohabitates with another person, a judge can suspend, reduce or even eliminate the alimony.

Amounts of alimony – the general rule is that alimony should not be greater in amount that the need of the recipient or 30-35% of the difference between the gross income of the parties as of the time of the order.
Please keep in mind that the issue of alimony is complex….there are different types of alimony in addition to general term alimony which may or may not be applicable to your case. In addition, alimony awards can be modified, and retirement age may be the basis for a modification for an alimony order.

Generally, Massachusetts courts require legal fees and expenses to be paid by each party. However, there are cases where a party to a divorce may not need to pay for their own legal fees and expenses paid to an attorney. Contact our offices to gain some insight at to whether you may be able to avoid legal fees.

It is also possible to file a motion for a temporary order to force the other side to pay for the attorneys fees necessary to maintain the divorce or other action. Generally, it is the attorney’s retainer that one side is asking for in this type of motion. It should be noted however, that receiving an award for attorney’s fees is unlikely to be successful in most Massachusetts court – not that it is impossible, but, these awards are rarely achieved.

In general, a divorce in Massachusetts will take anywhere from three months to two years depending upon the complexity and course of the case. Where the divorce is uncontested, that is, both parties are able to reach an agreement as to how to divide the assets, liabilities of the marriage and to arrange for the support of the children and each other…it is possible to achieve a divorce in three to six months in Massachusetts.

On the other hand, when a divorce follows the path of moving towards a trial…the process can be extensive. This is because even if in the best of all cases if you and your spouse are unable to reach a settlement agreement and you can get your divorce before a judge and at trial in one year, it is possible that the trial will be delayed or extended. Extension or delay of a trial means the case itself will be extended another few months or so.

Ideally, you are through a divorce in one year give or take in Massachusetts. Contact our offices for an assessment of your case to determine the trajectory of your Massachusetts divorce.

Contested issues in a divorce are just what you might imagine, these are issues that cannot be agreed upon. Common areas of disagreement are:

Uncontested issues in a divorce are those matters that the party can agree on. For example, perhaps both parties agree that one party to the marriage will have primary physical custody, and the other will pay child support. The question then may become how much child support, are there other aspects that can be shared or negotiated to balance out the assets and liabilities to be more favorable to one side or even to be more balanced. Essentially, it is very important to attempt to nail down early in the divorce proceeding what issues are agreed upon so that the parties can then move forward to determining what the do not – and how to navigate those contested issues moving forward

In Massachusetts, in a divorce or other family law matter, lawyers can bill in a couple of different ways. Some lawyers will flat bill, that is, bill a certain amount for the divorce. When lawyers bill in this way, the amount typically does not change. So, for example, if that lawyer charges $5,000 for a joint divorce or 1A divorce, that price is the total price for that service. Other lawyers bill, and this is more common, with the use of a retainer. The retainer is usually a base amount of money that will be held by the lawyer in trust for the purpose of paying the attorney as they earn fees. When a lawyers charges a retainer, this “trust fund” is only used for legal fees and typically the engagement/fee agreement that you have with the lawyer will explain when that lawyer will run certain charges by you before applying them to your bill.

In Massachusetts, in a divorce or other family law matter, lawyers who take a retainer from a client must provide a monthly invoice to their client. A good attorney will provide such an invoice regularly so that you will have the opportunity to review your charges and discuss any concerns you may have with those charges or fees.

In situations where a lawyer requires a retainer in a divorce, that lawyer will charge an hourly fee. Hourly fees should be clearly indicated in the fee agreement with the client. In addition, any changes to those fees should be made clear well in advance of the change to a client.

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The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.