(617) 227-8008 eww@waylandlaw.com

Divorce and
Custody Process

A Step-by-Step Guide

Navigating the Path:
Understanding the Divorce and Custody Process

Welcome to your go-to guide for navigating the divorce and custody journey! Consider this your roadmap, helping you get a sense of where you’re at as you make your way through it all. We’ll give you the lowdown on what usually goes down, but remember, every case is its unique rollercoaster ride. So, while we’ll lay out the general steps, don’t be shocked if your journey takes a few unexpected turns. From filing papers to custody negotiations, we’ve got your back every step of the way. Let’s dive in and make this process as smooth as possible, together!

First Steps and Procedures

Embarking on a divorce journey can feel overwhelming, but understanding how it all begins is the first step towards navigating the process with confidence. It typically starts with one party filing a complaint, signaling the official commencement of proceedings. This document, often a standardized form, asserts that the marriage has irretrievably broken down and outlines initial requests regarding asset division and child custody. While there’s still room in some jurisdictions to cite fault grounds for divorce, like cruelty or adultery, this is becoming less common. In practical terms, it’s usually just a matter of completing the required paperwork and paying a filing fee. As you start this journey, remember that each case is unique, and twists and turns are par for the course.

Progressing Through
Your Divorce Journey

Divorce or custody disputes can be appealed, but winning these appeals in family court is difficult because judges have a lot of discretion. Occasionally, successful appeals happen and may lead to another trial.

Post-divorce or custody litigation often involves new legal actions like filing for contempt if someone isn’t following the judgment or filing for modification due to significant changes, like job loss or increased income.

Contempt cases usually resolve quickly, often with just one court appearance. Modification cases, however, can be lengthy and complex, sometimes lasting months or years with trials and appeals. Continuous legal battles can happen if there is ongoing conflict between parties, which can be mentally and financially draining. It’s essential to navigate life after divorce or custody disputes with strategic decisions to reduce further conflict and maintain personal and financial stability.

Reaching Resolution: Completing Your Divorce Journey

The vast majority of divorce and custody cases reach resolution around or before the pretrial stage? That’s right – the pretrial is essentially designed to streamline this process. During this crucial phase, the judge listens to points of contention and the reasons behind each party’s desired outcome. Their input carries significant weight, as the judge presiding over the pretrial is often the one who will oversee the trial if it proceeds further. It’s rare for opinions to drastically change, especially after investing substantial sums in legal fees. Typically, parties heed the judge’s perspective and often spend hours hashing out final agreements in the hallway. However, if a consensus remains elusive, the court may schedule a trial date, potentially several months down the line.

Moving Forward:
Life After Divorce

Divorce or custody disputes can be appealed, but winning these appeals in family court is difficult because judges have a lot of discretion. Occasionally, successful appeals happen and may lead to another trial.

Post-divorce or custody litigation often involves new legal actions like filing for contempt if someone isn’t following the judgment or filing for modification due to significant changes, like job loss or increased income.

Contempt cases usually resolve quickly, often with just one court appearance. Modification cases, however, can be lengthy and complex, sometimes lasting months or years with trials and appeals. Continuous legal battles can happen if there is ongoing conflict between parties, which can be mentally and financially draining. It’s essential to navigate life after divorce or custody disputes with strategic decisions to reduce further conflict and maintain personal and financial stability.

Secure Your Family’s Future

Your Advocate in Divorce and Custody Disputes

I am dedicated to helping you achieve the best possible outcome for you and your children. Schedule a Consultation and take the first step towards resolving your custody issues. Let me help you secure a stable and positive future for your family.

Edward-Wayland-Logo
ADDRESS

265 Franklin Street
Suite 1702
Boston, MA 02110
617-227-8008

HOURS

9am-5pm
Monday-Friday
except legal holidays