In 2021, couples contemplating a divorce in Massachusetts have a great deal to consider. Prime among all considerations is…do we actually need to get divorced? Sometimes the answer is clear, divorce is the only way to move forward. At other times, though, couples or even one party alone might consider exhausting every other possible avenue before pulling the trigger and deciding to get a divorce in Massachusetts.
Remember that counseling service, both from secular and religious institutions are available for many couples, in addition to other non-traditional avenues to assist with couples considering divorce. I always counsel a client to take the time to evaluate options available to them first. I do this for a number of reasons:
1. Divorce rips a family apart, and if children are involved the divorce process itself can be particularly damaging to them.
2. Divorce is not cheap. You can expect to pay at least $5000 to $7000 without a trial for the average divorce in Massachusetts. A complicated divorce in Massachusetts with a trial can cost up to $30,000.
Try Other Options in Lieu of Divorce Trial First
If divorce is going to be the choice, there are less costly, more efficient ways to proceed if the circumstances are right. The first possibility is for the couple to draft a separation agreement and then file for a joint divorce in Massachusetts. When agreement as to how to divide custody, potential alimony, and assets has been achieved, this option will be least expensive. Keep in mind though that sometimes people enter into this type of plan and then change their minds midstream, which can cause the attorney to change the joint divorce filing to an individual complaint for divorce under a different aspect of Massachusetts law.
Another option is to start the divorce process with one side filing for divorce independent of the other spouse, and then trying to come to an agreement as to how to divide up custody, alimony, and assets in a separation agreement as part of a settlement. A judge will review the proposed separation agreement and allow for the provisions of the agreement in most cases.
Taking either of these paths may avoid the high cost of a divorce trial in the Massachusetts courts.
Why is a Divorce in Massachusetts so Expensive?
The volume of documents that an attorney must review, the amount of preparation required to produce a strong legal argument, witness preparation, exhibits, and other aspects of trial is extensive and drives up the cost rather quickly. While it is possible that the move towards a trial can be stopped by the parties agreeing to settle before the pre-trial conference within the first 5 to 12 months after filing the initial complaint for divorce, or possibly by a status conference at a much later date, if the status conference has come and gone a trial is likely in the cards.
Once the final status conference has occurred, the divorce trial will typically be scheduled within 6 to 9 months. So, in total, a divorce could take close to 2 years to go to trial. If the parties can avoid this from happening by agreeing to a separation agreement this is by far the most cost efficient and the best way to go, in my opinion. In fact, most cases do settle prior to trial. The time and expense of the trial weighs down heavily on the parties and by the time one year has passed, the initial emotions of anger and frustration, lessen, and each party is at least, in theory, more amenable to a settlement.
Why a Divorce Trial is Rolling the Dice
The bottom line in a Massachusetts divorce is that a judge has a tremendous amount of discretion as to how to apply a decision. One might think that divorce is a simple matter of splitting all assets and liabilities right down the middle and each party goes their respective ways. However, that is not the case in Massachusetts. A Probate and Family Court judge in Massachusetts must consider many factors. For example, when dividing assets the court will consider the age of the parties, the length of the marriage, the employability of each party, contributions both financial and homemaking of the parties, and the conduct of each party during the marriage. These factors are only some of the factors that a judge will consider when dividing the property or assets of each party. Because of the shear amount of information that a judge must consider in making a determination about the division of assets in a divorce, the results can vary widely due to the different circumstances involved or even due to the differing perceptions from judge to judge.
A Strong Attorney Can Help
Successful divorce strategy requires a Massachusetts attorney that understands the law, how to apply the law to your circumstances, and who can clearly negotiate and work with the other spouse or spouse’s attorney to come to an early settlement whenever possible. As, I stated in the beginning of this article, my first order of business will be to ensure that divorce is ruled in as the best option. If divorce is the road you need to take, I can help you achieve the best possible outcome for your individual circumstances.
DISCLAIMER:
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.