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How to Get a Divorce When You Just Can’t Get Along: When Court is Necessary If Collaboration or Mediation Won’t Work

Divorce can be easy, but rarely is. When a married couple want to break up, they have to do it legally. It is called a divorce. There is an entire body of law surrounding divorce. It is made up of many different parts, each part with its own legal nuances, like custody, alimony, child support, division of assets and debts. Unlike other law, Divorce is never a one size fits all event. Divorce can be exhausting and expensive. You have one shot to do it right for a lot of issues, like division of assets. In Massachusetts, marriages legally end through court order, a divorce judgment. How you obtain the divorce judgment happens through one of three ways – collaboration, mediation, or through the court itself. For those who who are amicable with their spouse often resort to mediation, collaboration, or other alternatives to traditional litigation, though this is not always ideal nor appropriate for spouses who make the marriage highly uncomfortable, very unpleasant, unhealthy, toxic, or abusive. When spouses cannot agree, the only way to receive a divorce is through the courts with litigation.

We all know litigation can be painful. Mostly everyone has caught a clip or episode of Divorce Court and seen how ugly things can get between two people who once loved each other. You also know someone who has told you about their experiences with getting a divorce. These perceptions scare off many individuals from taking the necessary and timely steps to free themselves of an unhappy or unhealthy marriage. However, despite the stigma, traditional court proceedings are often the best way for many people to move on with their lives for the better. Court does not need to be like what you hear or see in the news. You set the tone and direction with Angel Burke Law.

Learn more about your options in a consultation with an experienced divorce attorney in Massachusetts. Call (508) 377-4562 for a consultation.

How to Get a Divorce Using Collaboration

You can get a divorce using collaborative efforts. For the more modern and cooperative divorcing couple, collaborative divorce is an alternative where both parties work together to resolve the important issues between them with a team approach. The team is made up of the parties and professionals from their respected professions, like attorneys, financial advisors, appraisers, social workers, etc. It is successful most often when the couple are willing to work together, listen to their team members and have the financial resources to pay for the professionals’ time.

How to Get a Divorce Using Mediation

You can get and file a divorce using mediation. Mediation is another popular alternative path to traditional divorce though it also requires both parties to be mutually agreeable and have a relatively equal amount of power between them. Seeing a divorce mediator is only possible if you and your spouse are ready and willing to sit down with a third party professional (advisable to have that person be a Massachusetts divorce lawyer) and work out all of the issues that make up a divorce. The final result is a separation agreement that is filed with the court. This differs from collaborative divorce because it can remove the need for lawyers and other professionals entirely during the process. That said, it is a good idea to have a Massachusetts divorce attorney act as “outside counsel” review the final draft before you sign any separation agreement. However, as you can imagine, this can very quickly fail if the balance of power shifts or one party is not being truthful or simply walks away from the mediation.

How to Get a Divorce Through Litigation

If you find yourself unable to relate to either scenario, you are not alone. Litigation is the path that most people take because most divorcing couples can’t agree. Litigation is the best choice when there is a power imbalance or systemic disrespect between the couple. By definition, this is most common in instances of domestic violence, in which one party may feel powerless to speak up or act in a setting other than with an attorney and judge. In other scenarios, where one spouse makes the marriage highly uncomfortable, very unpleasant, unhealthy, toxic, or otherwise abusive, litigation is also required. With an inability to compromise, it can be nearly impossible for parties to move the process along without court intervention. Escaping this gridlock with someone who is relentlessly selfish, narcissistic, or abusive is possible with an experienced, strong-minded and aggressive divorce attorney.

Trusted Family Law Attorney Proudly Serving Medway & Norfolk County

At Angel Burke Law, our experienced divorce lawyer has helped his Massachusetts clients jumpstart a new chapter of their lives. We understand just how emotionally straining this experience is, and we strive to resolve your concerns with ease. We are experienced and familiar with the finer points of family law and divorce, which is why you can rest assured you are in more than capable hands with Attorney Angel Burke on your side.

To schedule an initial case evaluation with a member of our firm, contact us online or call (508) 377-4562 to schedule a consultation. We serve Norfolk County and the surrounding area, including Medway, Millis, Dover, Franklin, Walpole, and Bellingham.

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Why Choose Angel Burke Law, Family & Divorce Attorney?

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Over 20 years of experience practicing as a divorce attorney in the field of family law.
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