Don't Let False Beliefs Hold You Back: Three Clarifications to Common Misconceptions in Divorce

Don’t Let False Beliefs Hold You Back:

Three Clarifications to Common Misconceptions in Divorce

Divorce can happen to anyone for any reason in Massachusetts.
Many marriages decide that one partner controls the finances, and the other partner raises the children. The spouse who stays home may be terrified if faced with filing for divorce without access to any financials and perhaps in the dark with their financial situation.
You CAN file for divorce even if the fear of the unknown is stopping you.

Here are 3 clarifications to some false beliefs:

False Belief #1: I CANNOT file for divorce because my spouse will not agree to a divorce.
Truth: You CAN file for divorce when only one spouse wants a divorce. In Massachusetts, you must file a “contested” divorce. This can be no-fault or for fault.
In a no-fault divorce, you are saying that your marriage is broken beyond repair. In Massachusetts, this is called a 1B divorce.
In a fault divorce, you need to prove a specific reason for the divorce.

False Belief #2: I cannot file for divorce because I do not have access to any money to pay for an attorney since my spouse handles it all.
Truth: You CAN pay for an attorney even if you do not have access to money. If one spouse controls all the family money, judges often order counsel fees.
In Massachusetts, even if you have no access to financials, there is a process to ask the court to make your spouse pay (or contribute to) your attorney’s fees:
File a Motion for Counsel Fees
1. Attach a short affidavit signed under oath.
2. The Court schedules a hearing.
3. The judge can order your spouse to produce financials FIRST so that the spouse without knowledge of the financials can proceed forward to fill out their financial statement.

False Belief #3: I cannot file for divorce because I have no knowledge of our financials, as my spouse handles everything.
Truth: In Massachusetts, you CAN file for divorce without knowledge of your financials. You do not need full financial records in hand before filing for divorce.
While there is some paperwork required when a spouse files for divorce in Massachusetts against a spouse who does not agree with the divorce, financials are NOT required at the initial filing.

• Complaint for Divorce under Section 1B
• Record of Absolute divorce
• Child Care or custody disclosure affidavit (if children are involved).
• Affidavit of indigency (in cases where one spouse cannot afford the fees).
  For further instructions on divorce, please visit MA Divorce Law, which will go more in depth
  about the truths above.
  

“A belief is just a thought you keep thinking. A belief is nothing more than a chronic pattern of thought, and you have the ability – if you try even a little bit – to begin a new pattern, to tell a new story, to achieve a different vibration, to change your point of attraction.” – Esther Hicks

Considering divorce and unsure where to start? Connect today with Alison Litt!