When you have made the decision that it is time to end your marriage you must examine your situation and decide whether you want to hire a lawyer to handle the divorce or do it yourself. A lot depends on whether you and your spouse can work together in fashioning a civil divorce. If your MA divorce is uncontested and you feel as though saving money on legal fees is your best option in moving forward, then doing your own divorce in Massachusetts is the ideal route to go.
In Massachusetts you have the right to file your own divorce, which is why it has become very common over the past 15 years. It is referred to as "filing Pro Se" , which means you are filing on your own behalf thus representing yourself in your own divorce case. Whether you represent yourself or you hire an attorney, the rules and requirements that you follow are the same, the only difference is that when you choose to do it yourself, you complete and file your own divorce papers.
You should only ever consider filing Pro Se for your divorce if you and your spouse are in agreement and both willing to sign the paperwork.
1. Cost. By filing Pro Se you avoid what is often the largest expense in a divorce, the legal fees. If you file yourself the only expenses you will have are the Massachusetts court fees which are about $200 and any fees accumulated when preparing your paperwork. With 3StepDivorceTM you are looking at a total divorce cost of approximately $500-$600.
2. Control. When you do your own divorce you eliminate lawyer office visits and lengthy delays in document preparation. You control what you and spouse agree to and when you file. Many people using 3StepDivorceTM actually file the same day they start the process. One thing out of your control is the mandatory waiting period to remarry. In Massachusetts you cannot do so until 120 days after the Entry of the Judgment is signed by the Judge.
3. Popularity. Filing for a Pro Se divorce in Massachusetts is increasingly popular because the courts have streamlined the filing process for Pro Se filers who want to spare the costs of legal fees. The paperwork can often get through the court in as little as 30-90 days depending on how many cases are pending.
4. Ease. Once you prepare and file the required divorce papers, a hearing date is set. Even when you are faced with attending a hearing (which is always up to a judge), you are able to represent yourself. Conducting yourself at the short hearing is simple, dress respectfully, be on time, speak clearly and only when the Judge addresses you. Representing yourself does not have to be as scary as you might think. Respect is the key.
If you can not agree with your spouse and have exhausted all efforts to move forward amicably, then you may not have any other option than getting good legal representation from a lawyer. In a situation like this, having a lawyer working to protect your rights can be invaluable.
Selecting a lawyer can be challenging. One place to start is the Massachusetts Bar Association's Lawyer Referral Service, which is one of the largest legal referral services in the nation. If you can get a referral from a good source, like a friend or family member, you most likely should consider this as your best option.
The site is www.masslawhelp.com. The Massachusetts Bar Association's Lawyer Referral Service (LRS) makes it easy for you to find the right lawyer for your legal need. The Massachusetts Office of the Bar Counsel can give you the word on a lawyer’s standing and any disciplinary actions against him or her if they exist.
Many lawyers offer an initial consultation at little or no cost. Be sure to ask this prior to making your initial office or phone appointment.
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