Legal Question in Family Law in Massachusetts
Got my papers- I don't agree
I received my divorce papers, written by my husbands lawyer. I do not have a lawyer, and cannot afford one, but I do not agree to what they have come up with. What is my next step? How do I go about changing, or contesting the information in these documents?
4 Answers from Attorneys
Re: Got my papers- I don't agree
You don't say whether or not, you are in Massachusetts but if you are, try contacting the Boston Bar Association or Lawyers Referral Services (by putting these entities in the search bar on your computer) and see if you qualify for discounted or pro bono services. Good luck! Sincerely, Maria Murber
Re: Got my papers- I don't agree
You may simply refuse to sign until they are revised to your mutual agreement and failing that let the case be heard by the judge as a contested matter.
However you may qualify to apply to the Court for an allowance from your spouse toward attorney's fees to retain an attorney to represent you. Consider consulting an attorney to see if you qualify.
Re: Got my papers- I don't agree
I am going to assume that you have been sent a proposed settlement agreement. If you don't agree don't sign them. If your income is low enough you may be eligible for Boston Legal Services or a similar organization to assist you.
However, if your husband has an attorney and you don't you are at a disadvantage. I do not know if there are children involved and the child support and custody are major issues.
If you really can't afford an attorney, you should try some of the information available on line from Mass Trial Law Libraries.
Re: Got my papers- I don't agree
You don't say whether the divorce has been filed or in what court. If all you have received is a proposed affidavit and agreement and a joint petition to sign, you or your attorney can negotiate any changes. If it has been filed and you are being asked to attend a hearing for temporary orders, you should go to the hearing and ask for changes.
You may be able to get your husband to pay for a lawyer by filing a motion for temporary alimony, sending a copy to your husband's lawyer, and be sure to call the clerk's office before you do to schedule the hearing on your motion on a date at least ten days after you give notice.
Or you can find an attorney who might be willing to take the case on the basis that s/he will be paid by such a temporary alimony. Try the county bar referral service, in the phone book under lawyers - referral.
I also offer a documents-only service in which I can help you with the paperwork and walk you through the process. $300-500, depending on how much I have to do.