Divorce is one of the most interesting areas of law to practice in as an attorney because the fact that the case can go to trial often gets overlooked by spouses. Many parties entering into divorce think that the issues involved in the divorce, though emotionally charged and complex, get settled quickly and cleanly. The opposite is nearly always true.

First Impressions

Many clients find that their first impression of the process of divorce in Massachusetts are incorrect, that is, they are neither quick nor clean. Most divorces in Massachusetts end prior to going to trial. Each side vies for better terms in a marital agreement, and ideally, ends up receiving a bit less than what they thought. I’m sorry to be so blunt, but the harsh reality of divorce in Massachusetts is that there is no real winner in most instances. Often, each side will have to give up something to achieve a marital agreement.

Once the marital agreement has been signed and a pre-trial conference scheduled with the Probate and Family Court in Massachusetts, the couple will meet alongside their respective attorneys and present the agreement to the judge.
If the judge agrees, and typically he or she will – provided that no exceptionally unfair provisions of the agreement exist, the judge will enter the order for divorce. However, there are times when neither side can reach an agreement on
key issues to the divorce, e.g., custody, division of assets, parenting time, and other matters. When neither side will budge, and the matter must go to trial before a judge (also known as a bench trial as there is no jury present)
the lawyers will need to turn their eyes to the evidence present in the case.

What Makes Us Different?

Preparation, particularly the vetting of evidence very early in the case. Attorney Gaudet reviews the case very early in the matter for strengths and weaknesses. In the area of evidence, the strength of a case can depend on having key evidence that can be presented to the court and accepted into evidence by the court. Weak evidence, though not as useful as strong evidence, may still be useful for other aspects of the courtroom drama that plays out including to establish the lack of credibility of a witness for example. You want to be sure to have the right evidence prior to ever going to trial. A client should assume on day one that the matter may go to trial and be informed about and thinking of what evidence he or she will present on the day of trial.

Social Media

Many of us wonder at the world of social media. Social media can be a blessing and a curse for divorce clients. If you are considering a divorce or engaged in the process with an attorney, be sure to not allow social media to be the curse that it can be. To that end, the following:

·        DO NOT post negative statements, images, or anything at all about your spouse, the spouse’s family, or friends.

·        DO NOT take photos of anyone you are having a romantic relationship with.

·        DO NOT post pictures of yourself using alcohol or drugs

·        DO NOT post photos of your children in a place where children should not be (in a bar, for example)

·        DO NOT take pictures of yourself at events that may suggest a propensity for violence or emotional instability

·        DO NOT update your status, for example, “new boyfriend” or “new girlfriend”, etc.

·        If you must post on social media, and I would suggest not posting anything at all, keep any posts neutral, appropriate, and sparse.

Why am I lecturing on what a divorce client should not do on social media? The problem is that your spouse’s counsel will be looking for anything that can be used to diminish your credibility, that includes social media posts which can be entered into evidence under the right circumstances.

Geolocation Devices or Software

What am I talking about here? Well, your cell phone, toll booth pass transponder, laptop if tethered to your phone, or anything else that can pinpoint your location can be accessed in the discovery process by the opposition and used against you. You do not want to be accused of anything that being in the wrong place at the wrong time can suggest. Even if you are innocently in the wrong place, your credibility could be severely damaged in front of the judge if the case goes to trial. Similarly, the places that your spouse has traveled to could offer some interesting insights.

Bank and Credit Statements

If you are on the bad side of a harsh custody battle, do you really want your bank statement to show that you are at the liquor store four times a week? While you may have a good reason for going to the liquor store four times per week (maybe you are a busy event planner) but unless you are working for a major hotel chain and have a good reason to be buying alcohol, don’t. Your spouses bank and credit statements may also be useful information in a divorce.

Cell Phones, and other Mobile Devices

Not only do cell phones contain geo-location technology to show everyone where you’ve been and what you were doing, these devices act as mini cameras, store your search history, and indicate many other things about the user’s habits. This works in reverse of course too, that is, if your spouse may have information on their cell phone or other device this information would be useful.

Credit Reports

Is your spouse applying for a new mortgage, other loan, or making purchases that may raise eyebrows? If so, this would be good information to get admitted into evidence to demonstrate habits that will cause concern with
the judge.

Computer Use in General

Your spouse may have made applications for credit, loans, rent, or other online applications that will be stored on their computer. This information may be useful to establish inconsistencies in information previously reported to the court.

Please take a moment to fill out our Massachusetts Divorce Intake Form and someone from our offices will call you for an intake.

DIVORCE BASIC INFORMATION FORM

By filling out this form no attorney-client relationship is created between yourself and the Law Offices of Richard Alan Gaudet, LLC, however, an attorney will review your entries and make contact with you within short order to discuss you circumstances. If you and the attorney wish to proceed and create an attorney-client relationship, you will receive a fee/engagement agreement for your review.

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.