No matter their nature, family law cases impact what we cherish most—our family ties, our children, our finances, and our future. Hiring an experienced family law attorney is vital to ensuring that a difficult and complex process goes as smoothly as possible.
At the Law Offices of Erica M. Foster, we help you navigate every step of your divorce, child custody, alimony, or paternity matter with patience and perseverance. While we prefer to use a non-adversarial approach to resolving family law matters, Erica is an accomplished and zealous trial lawyer who is not afraid to take cases to court.
Divorce can be a heart-wrenching experience that touches the lives of all involved. But at the Law Offices of Erica M. Foster, we also know that divorce can offer a fresh start. As a seasoned divorce lawyer, Erica takes the time to listen to your story and understand your vision for your post-divorce life. She explains all of your options, answers your questions, and provides frank perspectives based on over 20 years in family law. As your divorce attorney, Erica’s role is to help you steer clear of potential pitfalls while negotiating a fair settlement agreement with your former partner. We’re focused on helping you protect your finances as well as your children as you prepare for a new beginning.
Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. It is hard to tell whether no-fault divorce statutes are the cause or an effect of the rising national divorce rate in America.
The most apparent advantage of uncontested divorce, of course, is its cost. With the exception of the pro se divorce, an uncontested divorce that stays uncontested is almost always the least expensive way of getting divorced.
The low cost is not, however, the only advantage of uncontested divorce. If the level of conflict between the two of you is low now, uncontested divorce offers a way to keep it that way. It's also private. The agreements the two of you reach in an uncontested divorce and file with the court will of course be a matter of public record, but the disclosures you make to each other don't have to be. Nor do the various proposals you discuss as you negotiate an agreement that's acceptable to both of you.
Uncontested divorce is a bad idea when the parties are not able to talk with each other. If your spouse refuses to have any discussion with you about divorce, and if you're determined to move forward with the process, any money you spend on an uncontested divorce is likely to be wasted. If you're patient, you may find that your spouse will come around later, but if you're determined to do it now and your spouse is digging in his or her heels, you'll have no choice but to serve them with the process and do it the hard way.
Some of the Massachusetts cities and towns we provide legal services to are: Beverly, Boxford, Danvers, Hamilton, Lynnfield, Manchester, Marblehead, Middleton, North Reading, Peabody, Salem, Topsfield and Wenham MA.
Law Office of Erica M. Foster
Law Office of Erica M. Foster
491 Maple Street #204
Danvers, MA 01923