It’s incredibly hard to accept that your marriage is over.  Having to deal with dividing assets, a home, custody, and visitation of children and/or pets, in addition to the emotional turmoil, can become overwhelming. Tension often arises between divorcing couples, even those that originally thought they would be able to work things out themselves. The paperwork alone can be overwhelming, so you shouldn’t go it alone. Seek an experienced family law attorney that has divorce experience.


Fault vs. No Fault Divorce

The first decision you have to determine is if you are going to file for a no-fault divorce or a fault divorce, which is permitted for seven reasons.  It is generally recommended that you seek a no-fault divorce even if one of the fault reasons are applicable, as it generally facilitates an ability to resolve the divorce with less contention.  Even if a no-fault divorce is filed, the Court will still likely become aware of the issues that would have been addressed in a fault divorce.


Filing an Uncontested Divorce

If you agree to divorce and have worked out the details regarding division of marital assets, child custody and visitation, child support, and alimony you can file for an uncontested divorce or a “1A” divorce.  Even if you agree over the details it is wise to contact a divorce attorney to make sure you have addressed all the necessary issues that are likely to arise in the future (i.e. college, medical insurance or bills, etc.) that the average person would not necessarily consider.  The more you can address at the time of divorce the less likely you will have to return to court in the future to seek or defend Complaints for Modification.


Filing a Contested Divorce

If you cannot agree to divorce or cannot work out the details regarding division of marital assets, child custody and visitation, child support, and alimony then you would file for a contested divorce or a “1B” divorce.  Here, it is imperative to retain a divorce attorney to make sure your needs and the needs of your children and/or pets are properly represented.

Once a Court issues a Judgment of divorce it can only be changed through a Complaint for Modification when a substantial change has occurred. That said, only certain aspects of the divorce can be modified, usually as it relates to child custody, support and visitation.

Divorces are difficult, emotional, and often become messy. Don’t go through it alone.  Have an experienced attorney assist with mediating, negotiating or litigating the divorce for you.  The Law Office of Ann E. Cascanett, LLC can ease the process by handling your case with understanding for what you are going through and advocating for you to achieve your desired results.

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Attorney Cascanett’s knowledge and professionalism helped ease my concerns as I worked through the legal process.

Christine P Worcester, MA December 11, 2014

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