Divorce Homework

You have decided to file for Divorce . . . now what?

The decision to file for divorce is an extremely emotional one. It is never spontaneous, and is always the result of serious and thoughtful considerations. Likewise, the process of actually filing for divorce should be carefully thought out and planned. Jumping into the divorce “deep-end” is not the best option; dipping your toes in the water and slowly immersing yourself in the legal process will prevent you from quickly sinking and getting in over your head.

The first thing to do – even prior to hiring an experienced divorce and family law attorney – is to gather documents about your finances.

·        This includes finding out details about your money: Where is it kept? Who has access to it? What are the account numbers? What paperwork must you fill out to obtain statements for the past three years?  With regards to retirement accounts, the analysis will be the same: Who is in charge of investing our funds? Have any withdrawals been made recently? How can I obtain information regarding past investments, contributions and withdrawals?

·        You will also want to run a credit report to determine whether there are credit cards or loans in your name that you are not aware of, and also to see just how many open balances there are. Gather past account statements and determine who to contact to obtain additional ones, if necessary.

·        With regards to your home, make sure you know where the mortgage is held, what your monthly payments are, how those payments are made (i.e. direct transfer from a separate bank account) and what the outstanding balance is. Does this payment include taxes and insurance? Are there any outstanding property taxes due?

·        Next, you will also want to make a list of all of your monthly expenses: Who provides the cable, Internet and phone services, whose name are these under, and how are they paid? What about electric and heat? How is health insurance paid and how much do you spend each month on prescriptions for yourself and for the family?

·        With regards to the children, if any, what activities are they enrolled in, how much do these cost, and who is billed for them? Are any of the activities automatically deducted from a bank account or charged on a credit card?

Second, you need to obtain a certified copy of your marriage certificate. If you can’t find your original, contact the town hall in the city you were married in and they will explain the process. Unless you were married outside of the United States, the Court will not allow you to file your Complaint for Divorce without your marriage certificate (unless there are emergency circumstances present, in which case the court may allow you to file the certificate late via a Motion.)

Third, create a plan of action. If you have funds readily available for retaining counsel, or even if you have to proceed with Limited Assistance Representation, schedule a consultation with a dedicated divorce lawyer.  During your meeting, discuss the divorce process in depth, review potential problems that may arise given your specific circumstances, and also create a homework list for things that need to be completed prior to or immediately following the filing of your Complaint for Divorce.

 Making the decision to file for divorce is the first, and sometimes hardest, step towards resolving your family law matters. Doing your “homework”, seeking experienced legal assistance and becoming informed about the divorce process will ensure that you stay afloat in the dark and often tumultuous waters of the legal system.

(c) 2014 The Law Office of Leila J. Wons. The information contained herein is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship and does not constitute legal advice.
In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Limited Assistance Representation

This economy has placed those seeking divorce or assistance with domestic relations matters in a very difficult position when it comes to hiring an attorney. First, financial matters greatly impact all relationships and are often the cause of divorce or child support modifications. Unfortunately, this also means that obtaining legal assistance becomes seemingly impossible, as there are limited funds available.

A good option for individuals or families with more limited means who desperately need legal assistance is Limited Assistance Representation (LAR). Originally started as a pilot program out of Hampden, Suffolk and Norfolk counties, LAR has expanded to all Massachusetts Probate and Family Courts.  LAR allows attorneys to assist individuals with their domestic relations matters on a limited basis, without filing a general appearance. In essence, this means that an attorney can help someone draft legal documents, respond to discovery requests, and complete other legal writing. An LAR attorney can also appear in court on a specific matter by filing a Notice of Limited Appearance, with a Withdrawal on the same day.

By using LAR, an individual gains the assistance of counsel as s/he is able to afford it. Further, all agreements with regards to the scope of assistance by the attorney are made in advance and in writing, so there is no confusion as to how much or how little an attorney will do.

Many attorneys are taking advantage of LAR and also offering reduced rates for doing so. However, both attorneys and clients should proceed very carefully when entering into an LAR agreement. First, while an individual may only need assistance on specific matters (such as drafting a motion or appearing at one hearing), it is imperative that a complete copy of all documents filed in the matter be provided to the attorney for his or her review. Even if an attorney's assistance is limited to the drafting of one document, the attorney must be fully aware of all aspects of the case so that correct and thorough legal advice is provided. Second, it is common for other issues to arise during a court hearing that were not spelled out in court documents or pleadings. If an LAR attorney does not know the details or history of a case, they will not be able to provide as complete and thorough representation as they could. Third, the lines of where LAR ends and pro se representation begins can become blurry for the court and for the opposing counsel or party. This may mean that documents are sent to multiple individuals, the LAR attorney is contacted instead of the client, or vice versa. This is why a clear agreement between the LAR attorney and the client is so important; it provides both parties with the ability to clearly advise the court and opposing parties of the scope of representation, in order to minimize confusion. Last, the cost of LAR can quickly rise, especially if an individual ends up needing more assistance than anticipated. However, regular statements and amendments to the LAR agreement can help predict the overall cost of work and prevent surprises.

All possible problems aside, Limited Assistance Representation is a great alternative to those needing legal advice and assistance, but who have limited means and cannot retain general counsel. For more information on LAR, please look at this information from the Probate and Family Court Department, and don't hesitate to contact Attorney Wons for a consultation.

(c) 2014 The Law Office of Leila J. Wons. The information contained herein is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship and does not constitute legal advice.
In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."