NICASTRO LAW, L.L.C.
62 Ainsworth Street
Roslindale, MA 02131
ph: (617) 469-6498
fax: (617) 323-4509
Attorney
The emotional distress a person feels when they are faced with a divorce includes fear of abandonment, guilt, and fear. A person is at the mercy of the legal system. The associated ups and downs are not helpful either, as one day the person may want the divorce and the next day, they are unsure and may want to seek a marriage counselor. Nothing feels stable during the divorce process. Sometimes it is just one partner who wants the divorce and the other partner does not want a divorce. How can a person get control of his or her emotions at this most devastating time when, clearly, important decisions must be made in order to protect his or her assets? At a time when one is feeling the depths of dispair and no ability to successfully concentrate on anything positively, they are served with a summons and complaint for divorce and are given only 20 days to file an answer with the court. They often have to immediately start completing their financial statements. A visit to the attorney will likely be met with a demand for a retainer, which calls for a level of trust, when trust is at a very low ebb. Upon paying the retainer, the new client is now requested to bring pay stubs and tax returns and a certified copy of the marriage certificate to the attorneys office. If you are going through this, you are not alone. The writer of this website and founder of this firm has suffered a divorce as well as about 50% of all marriages in the United States of America. Divorce is at epidemic proportions. What can a person do when the marriage sustains an irretrievable breakdown.
The first thing you will likely have to do, is find an attorney. That being said, I must tell you that in Massachusetts, if there are no complicated issues and you and your spouse can agree on all of the details, you can likely file the paperwork yourself at the local probate and family court in the county where you live. However, if you have property to divide, like a home, or a retirement account, or if you have children to provide for or if there is question of alimony, you should definitely consult with an attorney, as you could be compromising important rights that you do not yet know about.
It may seem obvious, but, nevertheless should be said here, that one attorney cannot represent both parties, as there would be a conflict of interest. For example, when the attorney gives advice to one party, he may be favoring the other. Certainly, if an attorney has represented the couple together, he or she cannot now represent one of the parties and sue the other one of the parties for divorce. This would be self-seeking on the part of the attorney and not in the clients' best interest.
So, I am afraid at this most unsettling time, you should likely set out to meet and interview one or two attorneys to make sure that you are comfortable with your new attorney. A one-hour paid consultation is well worth the cost. Personality is a very important factor too. When you come to your attorney, you should be prepared to discuss your legal options. The attorney knows this is likely a very emotional time. The attorneys role is to protect you and your assets for your future well-being.
What will help your attorney is to know the value of the marital property, the income of each spouse, the monthly expenses and the amount of money available in savings or otherwise that may be calculated in the division. If there is significant debt on the part of the parties, this should be discussed.
In a Divorce, the division of the assets is a main goal in finalizing the marriage. If you choose to hire NICASTRO LAW, we can assist you with preparing the required court financial statements. We can help you come to a reasonable determination on what the settlement should be and help you with issues of child support, alimony and in drafting your Separation Agreement. If you would like, we could also assist you in court with your hearings and assist with the paperwork that must be filed with the court along the way.
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NICASTRO LAW, L.L.C.
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NICASTRO LAW, L.L.C., Copyright 2013 Divorce Attorney Roslindale. All rights reserved.
NICASTRO LAW, L.L.C.
62 Ainsworth Street
Roslindale, MA 02131
ph: (617) 469-6498
fax: (617) 323-4509
Attorney