When to seek help in the property division process

Just as no two marriages are ever alike, so it goes with divorce. While reality television shows would have us believe that every divorce is embittered and nasty, in the reality version of reality there are many Massachusetts couples who end their marriages amicably. However, when it comes to the process of disentangling lives and finances, there can be such a thing as being ‘too nice,’ especially during the property division portion of the experience.

Some spouses feel guilty about ending their marriage, especially if the other spouse is not ready to throw in the towel just yet. Other times, there have been lapses of judgment that lead one party to carry feelings of guilt. When considering how to end a marriage, the best course of action is to look at the process as a business transaction, leaving emotions completely out of the matter.

For spouses who are considering filing for divorce without an attorney, it is important to understand what is at stake. The decisions made throughout the divorce process can have lasting effects, especially financial issues handled during the property division portion of a divorce. Having solid legal counsel is not an aggressive stance against one’s former partner, it is simply an acknowledgment that divorce is a complicated legal matter that requires a comprehensive understanding of Massachusetts law.

When preparing to divorce, the best approach to take is to make every effort to protect one’s legal interests, and assume that one’s partner is going to do the same. Having legal counsel does nothing to increase the likelihood that the divorce will become bitter. Massachusetts spouses still have control over the manner in which they choose to communicate and collaborate with their husband or wife as the property division process moves forward, and can emerge from divorce without feeling as if they have come home from battle.

Source: mainstreet.com, “When Do you Need to Hire a Divorce Litigator?” Elise Pettus, May 9, 2013

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