An Overview of Divorce
Every divorce is unique, but they are similar enough to prepare you for what might transpire, and to help you ask good questions along the way.
How long will this take?
One commonality that divorces share is that no one can accurately say how long yours will take. Factors can include whether the divorce is contested, whether expert advice is needed on property valuation and other matters, the complexity of the issues, other commitments the attorneys might have, and the obstinacy of your spouse, both in answering requests for information and in general.
Additionally, the timing of some matters is governed by the court, such as how long a party has to comply with a request and the statutory waiting periods for no-fault divorces or after a final hearing is held.
Because haste can interfere with full discovery of the facts needed to win the best result, clients who militate for artificial deadlines may undercut their chance for success. That doesn’t mean, however, that you are at your attorney’s mercy; my practice depends on referrals from satisfied clients who feel they were treated fairly. I provide my best estimate of the time needed, assess costs and benefits of options during the process, and revise the estimate as necessary.
How much will it cost?
Because each case’s duration varies, so does the final cost, but hourly rates, fees, and how you will be billed are explicitly stated in a written retainer agreement we each sign before beginning. It will ask for a retainer, a sum you pay at the start, that hourly fees are applied against. You should carefully read the document, which is a binding contract, before you sign, and you should ask all questions that arise. You may even want to review it with another attorney, if necessary.
Although I may ask the court, where appropriate, that your spouse pay your legal fees either during or at the end of the case, you remain responsible for payment of these fees. Fees can vary greatly by case, and are an important aspect of your case that you must take into account.
How do I reach you?
I may be in court or otherwise occupied when you telephone or send an e-mail, but I find it is beneficial for clients as well as for me to answer my phone myself whenever possible, rather than having a secretary do it. I check for messages often, and if you say your matter is an emergency, I will respond to it first.
How do we get started?
A complaint filed in court by either spouse starts a divorce. If you are filing, we will spend some time discussing the grounds for your action. The most common are irretrievable breakdown of the marriage and cruel and abusive treatment, but you may have other or additional grounds. The grounds you choose could affect how long the divorce will take.
If your spouse files, we will prepare and file an answer, and may counterclaim, also asking for a divorce.
After the complaint has been filed, the court issues a summons, and both documents must be delivered to the second spouse. If you are filing, you can help determine how service will occur — options include via attorneys or a process server, or your spouse may voluntarily agree to “accept service.”
Pretrial motions
A motion is simply a request, usually in writing, asking the court for relief of a particular problem. Examples include requests for attorney fees or for temporary support, custody, or protection, though these may not apply to your case, and others may. As a rule, the client must attend hearings on pretrial motions pertaining to custody or financial matters. A court order on a pretrial motion usually remains in effect until a case’s final hearing.
Discovery
This term describes the formal ways attorneys attempt to uncover the facts relevant to your case before a final hearing. This phase is vital for me to recommend a resolution that is fair, or to present a complete case if we proceed to trial. About 3 percent of divorce cases are tried.
Probate court financial statements
These can be the most important documents in a divorce case, designed to inform the court about each party’s income, expenses, assets, and liabilities. The statements are signed by each party under penalty of perjury, and you may be cross-examined on them in court or at a deposition. Accordingly, you will have to carefully review canceled checks or check registers, income tax returns, bills, and so on. I can help you to complete this form.
How does the court reach its decision?
If attorneys can negotiate a settlement, it is submitted to the court for review. The court will use the financial documents to determine whether the agreement is fair and reasonable, and incorporate it into its Judgment of Divorce if it so finds.
If a settlement acceptable to both parties and the court cannot be reached, the case will be marked for trial, at which the court will listen to evidence presented by both parties and other witnesses. Before judgment, the court considers factors established by state statutes and court precedents, and then determines child custody, support, visitation, alimony, equitable division of assets, and other matters on which the parties could not agree.
Either party may appeal, but it is very difficult to win an appeal in a divorce case. This is because the law gives each judge great discretion in deciding what would be a fair and reasonable result. Each judge is different, just as the facts of each case are different.
For this reason, it is impossible for me to predict the result you will obtain. I will, however, provide my best judgment about the likelihood of each possible outcome in order to help you decide whether it would be better for you to settle or go to trial. .
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Roland Turmaine, Attorney
227 Chelmsford Street, Chelmsford, MA 01824
Tel: 978-250-4980
Fax: 978-256-7812
Email: Roland@RolandTurmaine.com
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