Divorce FAQ's Massachusetts
What if my Collaborative Divorce Process Doesn't Work?
Most of the time, collaborative divorce does work because both sides truly want it to. You simply can't enter into a collaborative divorce process unless you both have agreed to do everything in your power and advised by your attorney to make it work for your case. Once you enter into a collaborative divorce process, you are both taking the threat of going to court off the table. This alone, along with the minimal costs, can serve as a great motivator for both parties to strive toward resolution. A skilled collaborative divorce attorney is adept at how to successfully negotiate your position while effectively communicating with legal counsel from the other side. Together, the legal representatives work diligently to find a compromise both parties find equitable. However, there is simply no guarantee that a solution will be found. If the collaborative divorce process fails for whatever reason, divorce court is the next step. This step drives up costs, potentially increases animosity and can invade the privacy of both parties. With all there is to gain from making a collaborative divorce work, both parties typically find a middle ground eventually.
How Can Limited Assistance Representation Help Me?
If you fear the overwhelming cost of securing legal counsel but do not qualify for free legal representation, limited assistance representation may be the answer. If you feel confident in your ability to represent yourself and your side of a case or situation, but still want an expert legal professional to guide you through a specific part of the case, limited assistance representation may be the answer. Limited assistance representation can help you navigate the legal system, secure the preparation of complex legal documents or have a legal professional present for a hearing date, ensuring that you feel prepared and capable to be self-represented.
What Do I Do If My Ex-Spouse Isn't Following Through With Our Divorce Agreement?
If you feel your original divorce agreement isn't being executed by your ex-spouse, then you may be in need of post divorce legal representation. You do not have to accept the fact that your ex-spouse has decided to pay less support or quit providing health insurance for the children, or has gone against any original agreement. Going back to court with an expert post divorce legal professional by your side can help ensure any terms of the original divorce agreement are lived up to and they can help make certain legal consequences occur. Regardless of the number of years since your divorce, any deviation of the divorce agreement should be brought to the immediate attention of your divorce attorney.
What if I Don't Agree With My Parent's Last Will and Testament?
There are times when a last will and testament is ambiguous or doesn't seem to reflect what the family expected. This can lead to fighting within a family, distrust or outright anger over how assets are possibly going to be distributed. There may be cause to contest the will and you have the right to do so after it has been filed in court. People contest wills for many different reasons, including the belief that a parent was under duress when they signed a will, fraud has taken place, or there may be a question of competency at the time of signing a will. Even when a will is proven to be valid and completely legal, challenges to that will can be made and may result in a freezing of an estate until the matter is resolved. Seeking the advice or representation of a skilled probate matters attorney may help you decide the next legal step you should take when you don't agree with a last will and testament.
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