What if my spouse won’t agree to a Divorce?

 In Massachusetts it is not required that both parties cooperate with the Divorce proceeding. Only one spouse needs to decide that he/she wants to pursue a divorce action. You do have to have the other party served; which will commence the proceeding and you can go to trial on the divorce if the other parties are contesting it, the other party can delay the proceedings, but can not keep you from getting a divorce if that is what you are seeking.

Does my Spouse have the Right to Take Half of my Property?

In Massachusetts it is not a simple formula. Some states have an automatic 50/50 division of marital assets. Massachusetts is called an “Equitable Distribution State” and there are arguments about how assets should be divided and the Section 34 factors that are looked at to determine how the assets are divided equitably and there is also a determination of whether it is a marital asset or not.

Should I Hire a Lawyer if My Spouses Attorney Has Already Drafted Our Divorce Settlement?

There are times where the parties are trying to resolve things without a lot of unnecessary litigation.  While it is preferable, in many cases to reach a full agreement, you need to make sure the agreement is fair and reasonable to you and serves your interest.  Your spouse’s attorney has no obligation to look out for you. In fact, your spouse’s attorney has the only obligation to represent your spouse’s interest. Even if you think the agreement is fair, there is a lot of complexities with different legal areas, language and it makes sense even if you are not looking to litigate the case to at least pay another attorney to review the Agreement and the Financial documentation prior to signing it.