Legal Question in Family Law in Massachusetts

Can no longer afford to continue divorce
i can no longer afford to continue to travel to MA, take time away from work, and pay an atty. I have already paid over 40k in legal fees and we have yet to have the depos and trial. I am broke and have drained all my resources and taken out loans. My spouse is the ''monied'' spouse and knows I cannot afford to continue and has refused to negotiate. My spouse has temp use of our home and everything else. It seems like my only option is to walk away without anything - including what I put into our only marital asset - the house we own together. Although my spouse pays the mortgage and all, I did put up approx 30k for closing costs , repairs and furnishings. This is like blackmail into submission because I cannot afford to continue it all. Do I have any options? I had thought that if I withdrew my counterclaim for divorce and simply stated I no longer wanted to get a divorce, it might make my spouse want to negotiate. But I just read the response to the question re: a judge can force he divorce. There must be something I can do? My atty said I may have better chances if he removes himself from the case and I act as my own counsel. I do not know about this. He said he will tell the judge he hasn't head from me (not true) Any advice?

Asked on 3/04/08, 10:44 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: Can no longer afford to continue divorce

This is a difficult question to answer, because it is disjointed, etc. However, you do not need to have your attorney quit to offer a "capitulation" divorce. Instead, you could simply have your attorney file a Motion for Speedy Trial indicating that you simply want the matter over, and you are will to do a, b, c.... In your affidavit, your lawyer helps you state what's really in issue. This, of course, is dangerous because the motion becomes a part of the record.

The problem with this sort of comment from me is this: I have NO IDEA what other issues may exist -- length of marriage, pensions, your income, spouse's income, children, etc. Thus, such a step should ONLY be taken with the assistance of an attorney who KNOWS all of this, and can frame it properly to the Court.

It sounds like you may have a lot to lose by rushing this, so my comment is only of a potentially available MECHANISM, and should NOT be construed as advice that you EMPLOY the mechanism.

Greg Lee

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Answered on 3/04/08, 11:16 am

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