Divorce

When couples choose to divorce, emotions can quickly escalate. Estranged spouses may fear losing a significant amount of assets and even quality time with their children. Other divorces are settled without a fight to minimize the emotional and financial cost associated with separating ways. Whether a contested or uncontested divorce is the right option for you, secure help from an experienced attorney.

At The Law Offices of Deirdre O'Brien, we have an extensive background handling contested and uncontested divorces throughout the Greater Boston and Worcester Area. We are skilled negotiators offering a compassionate approach tempered with judgment to help protect your interests in a divorce

Offering Cost-Effective Solutions in Uncontested Divorces (No Fault)

When couples reach an agreement to get divorced without a fight, low-budget legal services online may be appealing. Unfortunately, a minor error from do-it-yourself legal services could escalate into a financial burden down the road.

The Law Offices of Deirdre O'Brien is available to help our clients save money by making sure critical details are covered the first time around. We work with our client to craft thorough divorce agreements. We offer a detailed approach to ensure critical details are covered in regard to your children, any property you own, and spousal support. We prepare all the necessary court paperwork executed by their spouse, and Attorney O'Brien will arrange the court hearing to allow the uncontested divorce. Deirdre O'Brien can help you move forward and reach amicable resolutions.

What do I need to bring to my consult with the attorney?

Nothing is required, but it is helpful to bring:

• certified copy of your marriage certificate, if available

• tax returns and/or W2s for the last 1-3 years, if available

• most recent pay stubs

• any paperwork you have received from the Court, your spouse or his/her attorney (whether mailed or served upon you).

Modification / contempt consult:

• any prior Judgments/Orders from the Court

• tax returns and or W2s for the last 1-3 years, most recent pay stubs

• any paperwork from the Court, your spouse or his/her attorney (whether mailed or served upon you)

The attorney may request additional documentation after your initial consultation.

How much will the divorce cost?

Every case is unique in its circumstances. Therefore, it is impossible to assess the actual cost of your divorce. The Law Offices of Deidre O'Brien bill at an hourly rate, and normally require a retainer before commencing their representation. The actual fees and required retainer can be discussed at your initial consultation.

What is the difference between a legal separation and a divorce?

There is no actual "legal separation" in Massachusetts. However, you may decide you do not wish to end the marriage, but rather, live apart from your spouse for an indefinite period of time. In such an instance, you could seek the Court's assistance in establishing ground rules as to custody of your children, visitation, child support and spousal support by filing a Complaint for Separate Support, Custody and Visitation. This action would not resolve issues concerning division of your assets and liabilities, nor would it dissolve the marriage. Therefore, proceeding in this fashion is cautioned and should be discussed with your attorney.

A divorce dissolves the marriage and would resolve all issues of the marriage including custody, visitation, child support, spousal support, health insurance, as well as division of the marital assets and liabilities.

Is there an advantage to filing for divorce first?

There is no advantage to filing first. The person who files first is called the plaintiff, and the other spouse is called the defendant.

How long will it take?

The length of time between filing and finalizing a divorce varies from couple to couple. The more complex or contentious the situation the longer it will take. Other factors such as children or complex assets may also make the process take longer. If you and your spouse are in agreement about much of the property division and parental rights, the process will likely be shorter. You can probably expect your divorce to take up to a year or more, but you may obtain a hearing within weeks of any time the case settles.

Can I date while I am going through the divorce?

Even if you are no longer residing with your spouse, it is best not to be openly dating. However, you should be extremely cautious not to introduce your children to your new partner too soon. Your children's needs and emotional well being should be the most important guide for you. Finally, being discreet may prevent emotions from escalating and otherwise aggravating your spouse. It is best to use caution regarding social media, Facebook, email as all electronic communication and documents may be investigated.

What is Mediation?

Mediation is the process by which a neutral attorney meets with both parties. The mediator discusses settlement options with them and helps them come to a final decision regarding all the issues in their divorce, without court intervention. The mediator does not represent either party, but instead acts as a neutral to help them come to an agreement. The mediator then drafts a settlement agreement which becomes a final judgment.  For more information regarding mediation click here.