Throughout the month, our firm is hired by clients after his or her divorce and asked to try and fix the mess they made while trying to do it themselves. While it is understandable to find a way to save on attorney fees, there's even a bigger risk of not having a divorce attorney help you from the beginning. While custody and parenting issues are always modifiable, and both child support and alimony orders are often increased or decreased with a showing of changed circumstances, matters relating to property division cannot be revisited; that's why it is so important to get it right the first time!
Take our 60-Second Do-It-Yourself Divorce Quiz below. Unless you can answer "yes" to seven or more of the questions below, you'll be making one of the biggest – if not the biggest – mistakes you could make relating to the future of your divorce case if you attempt to do it on your own.
- Are you an experienced multi-issue negotiator?
- Have you dealt with the intricacies of M.G.L. Ch. 208 §34 before?
- Have you received a legal education or been trained in the Massachusetts Rules of Evidence or Rules of Domestic Procedure?
- Have you testified in court before, or been exposed to the emotion of being deposed? Have you ever taken the deposition of another party?
- Do you know how to prepare witnesses and organize a case for trial?
- Do you know which phrases you must have, and those that should not be included in your Separation Agreement?
- Are you confident you know exactly which pleadings and documents must be filed in a timely manner, or if not, are you prepared to make an objection related to the same in a timely manner?
- The laws applied to cases in the Probate and Family Court come from more than 40 different chapters of the Massachusetts General Laws (known as statutes). Are you familiar with at least 25 or 40 of them?
- There are five sets of rules and a number of "Standing Orders" which control how a case is filed. Are you familiar with each? Do you know where to find them?
- It is well-settled that nobody – including a lawyer – can truly be objective about a matter which affects them personally. Do you have past experience separating yourself from the emotions of a situation and documented success prevailing in the outcome?
If you cannot truthfully answer "yes" to at least seven of these, you definitely need a Massachusetts Divorce Attorney to assist you — even if you are just in an uncontested divorce. Even divorce attorneys know not to try and represent themselves. The risk is just too great.
WARNING! Self-Represented Parties Are Held to the Same Standards as Attorneys
The courts in Massachusetts hold pro se litigants – individuals who handle their own case – to the same standards as attorneys. You must know the law, whether or not you actually do. Once the final judgment is entered, the case is over. You will not get another chance to fix the problem. If the working relationship with your spouse is strong enough that the two of you are considering doing it on your own, why can't you navigate through resolving your differences and saving your marriage?
Common Trap – "Getting it Over With"
One trap that many people fall into is rushing the divorce process. It's common to wish to move through the divorce as quickly as possible. Unfortunately this can lead people to rationalize making decisions that aren't optimal or giving in to the wishes of the spouse. It's good to compromise, but there's a fine line between compromising and making decisions that undermine your rights.
Everyone is afraid of a drawn-out court battle. Your spouse may even be overtly threatening this. Don't let this fear stop you from doing the right thing for you and your children right from the start. Retaining legal counsel is the sensible thing to do – right from the start. Going back to court after the divorce settlement is far more expensive, both financially and emotionally. If you wish to get it over with quickly, make sure you give that directive to the law firm that you hire. It will save you time and trouble in the long run.
For a free, no-obligation consultation, call (800) 763-1030 or e-mail us to speak with an attorney about your case. We serve the greater Boston area, including communities such as Salem, Quincy and Gloucester and all cities and towns in Middlesex, Norfolk, Essex and Suffolk counties.