Contested and Uncontested Divorce
Skilled Massachusetts Divorce Settlement Lawyer
Under Massachusetts law, a divorce is either uncontested or contested, depending on the extent to which the parties can agree on the issues. At the law firm of Andrew H. P. Norton, we have the skill and the experience needed to handle both types of divorce proceedings, and we advise our clients as to their options and the best course of action.
From our offices in Brockton, Massachusetts, we represent clients in the communities of Plymouth, Quincy, Braintree, and Wareham; in Plymouth, Norfolk, and Bristol Counties; on Cape Cod; and throughout southeastern Massachusetts.
Uncontested No Fault Settlement Attorney, Brockton, MA
When a divorcing couple is able to agree on how issues such as property division or child custody should be resolved, they are in a position to significantly reduce both the financial cost and the emotional distress associated with adversarial divorce actions. For couples who approach us intending to proceed with an uncontested divorce, we offer legal counsel regarding their proposed resolutions, draft all required pleadings including the Joint Petition for Divorce, the Affidavit of Irretrievable Breakdown, the financial statements of the parties and the final settlement agreement.
We will then file the pleadings with the Court and request a final hearing date to formally dissolve the marriage. At the final court hearing we will present the settlement agreement to the Court for approval and answer any questions the court may have regarding the settlement agreement and the parties divorce.
Once the Court approves the settlement agreement the Court will conduct brief questioning of the parties to determine that they in fact do want to divorce and that the settlement agreement was entered into knowingly, freely and voluntarily.
State ethics rules mandate that an attorney can only represent one party in an uncontested divorce action. Therefore, all parties are fully advised in advance that although we are preparing and presenting their joint, uncontested divorce to the Court for approval we can only technically represent one party in the action.
This will only become an issue if things break down between the parties prior to the allowance of their divorce. If the process does breakdown, we will work with the parties, on behalf of our client, in an attempt to resolve their differences. Typically in an uncontested divorce action this office will represent the party that first contacts this office regarding the dissolution of the marriage.
Brockton, Massachusetts, Contested Divorce Lawyer
In contested divorce actions, one party files against the other because they cannot reach agreement on the issues, and each party usually retains his or her own attorney. After a complaint has been served and answered, we assist our clients in obtaining temporary orders from the court. Temporary Orders are used by the Court to establish ground rules during the pendency of the divorce action. Examples of temporary orders include:
We represent our clients throughout all stages of divorce actions. This includes the drafting and filing of the initial divorce action, drafting Motions for Temporary Orders, drafting discovery requests, drafting appropriate responsive pleadings, drafting Pre-Trial Memorandums and attending all Court hearings including motion hearings, Pre-Trial Conferences and Trial dates.
Pre-Trial Conference Attorney
In the majority of cases once the Court has established temporary orders and no sooner than six months after the initial filing of the divorce action the Court at the request of either one or both of the parties will schedule the case for a Pre-Trial Conference. Pre-Trial Conferences are used by the Courts to thoroughly review the case and narrow the issues for Trial. At the Pre-Trial Conference all parties through counsel are required to file with the Court a Pre-Trial Memorandum. The Pre-Trial Memorandum is a comprehensive legal pleading drafted by counsel to assist the Court in better understanding each party's respective position relative to all outstanding issues that remain to be resolved between the parties.
In most instances by thoroughly reviewing the case file including the Pre-Trial Memorandum the court is able to narrow the issues between the parties. In most instances the parties and the Court will utilize the Pre-Trial Conference as a sort of settlement conference to work with the parties to resolve their differences. If after the Pre-Trial Conference the parties are still unable to resolve their differences the case will be scheduled for Trial.
Thorough trial preparation is essential to secure desired results for our clients. Therefore, we will meet with our clients to ensure that no stone is unturned in preparing the case for trial. In fact, throughout the divorce process, from the filing of the case to the actual trial we will work tirelessly, aggressively and diligently to promote and protect our clients rights and interests. Proper and thorough preparation is our benchmark to securing desired results for our clients.
Because of our extensive experience in family law, we understand the emotional toll that divorce takes on all family members, and we approach each case with personalized, hands-on attention, and with compassion for our clients' emotions.
If you are contemplating divorce or if your spouse has filed for divorce, you need the knowledge, experience, and legal skill that we offer. We invite you to contact our Massachusetts divorce settlement law firm today.
