How Do I Pay for a Divorce in Massachusetts?
Divorce is one of the most painful aspects of life that a person could experience. I would recommend that individuals before entering into divorce consider therapy, religious or spiritual counseling, or psychotherapy. The divorce process in Massachusetts is both expensive and emotionally draining. This article is useful for those who have decided that getting a divorce is the last option.
Who Pays for Divorce?
As a general answer to the question, each party to the divorce proceeding will pay for their own attorney’s fees. Legal fees can vary from $7,000 for the simplest of cases to over $25,000 for very complex cases. When the couple is on the same page regarding the decision to obtain a divorce, and when emotions are not running high, it is possible for couples to plan for this cost ahead of time and essentially pay these fees without difficulty from savings, proceeds from the sale of the marital home, or for other reasons.
However, more often than not, one party is in control of the finances, and when divorce becomes imminent it is very difficult for the party that is not in control of the finances to obtain the funds needed to file for divorce or to obtain representation for the divorce. An attorney can file a motion on your behalf seeking the release of funds from the pending proceeds of a home sale, or from other sources of income. Such a motion is relatively inexpensive to file and can get the ball rolling towards filing some of the many other forms and needed motions on your behalf. Not to mention that a successful motion will free up some cash for living expenses while your divorce is pending.
But, I Don’t Have Savings or Other Means to Pay for a Divorce?
If you are flat out and literally have no way to hire an attorney to represent you in a divorce, it is possible to represent yourself as a ‘pro se’ litigant. Pro se simply refers to the litigant as representing him or herself in the courtroom. While it is certainly possible to represent yourself, it is difficult to recommend doing so in most cases unless you happen to have extensive courtroom experience, a strong desire to study court protocol, rules, and procedure, and the rules of evidence. Not knowing these aspects of divorce in the courtroom can certainly hurt your case. Remember that a divorce is a lawsuit, meaning that all of the rule of evidence, civil procedure, and other knowledge that law students must obtain apply to the courtroom.
Is it Possible to Get My Spouse to Pay My Court Fees?
The technical answer to this question is yes, the practical answer is no. Barring the extreme conduct of a spouse, a judge will not typically entertain one spouse having to pay court fees to another spouse. The best bet that a judge will allow one spouse to pay the court fees of another spouse occurs in situations where one party is in contempt of court. In such situations, it may be possible to persuade a judge that the effect of the contempt of one party has caused the other party to incur legal fees unnecessarily. An argument based on this logic may succeed in persuading the judge to allow for court fees and legal expenses incurred as a result.
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