Attorney Jeffrey T. Karp

The decision to divorce is emotionally challenging given the significant consequences for a spouse and his or her children and assets. The single best advice is to consult an attorney as soon as possible when even considering the possibility of divorce.

There are several things that should be considered when considering divorce in Massachusetts:

• Interview several attorneys before deciding whom to retain. The litigation of divorce proceedings require the attorney and client to work closely and cooperatively in an often emotionally challenging environment. You need to be absolutely sure that you can work with the attorney to achieve your goals. Ask the attorney for references of former or present clients.

• Once the Complaint for Divorce is filed with the Probate and Family Court, an Automatic Restraining Order (“ARO”) immediately enters that prohibits you and your spouse (once he or she is served with the Complaint by the Sheriff’s Department) from transferring, selling, encumbering, removing, or concealing any asset except as required for reasonable living expenses or in the ordinary course of your business. The ARO also prohibits the parties from incurring any further debts that would burden the debt of the other spouse. Also, spouses cannot change beneficiaries on any life insurance, investment or banking accounts. Although, the ARO can be modified by the Court or agreement of the parties, it is something that should be considered before filing for divorce.

• Obtain a certified copy of your marriage license from the town or city hall of the town/city at which you were married. This is required to submit to the Court when filing for divorce.

• Prepare an inventory of all assets owned, and debt owed, by you and your spouse.

• A Court Rule requires the parties to a divorce action to exchange “Mandatory Discovery” within 45 days from the date of service of the Complaint for Divorce (by the Sheriff’s Department) on your spouse. Each part must send the other party the following documents from the previous three years: tax returns, W-2s, 1099s, bank statements, investment account statements, retirement and pension account statements, and loan or mortgage applications. Each spouse must also provide the other spouse copies of their last four paystubs and documentation regarding the cost and nature of health insurance available to him/her through his/her employer. As such, you should begin to gather these documents as soon as possible.

• Become familiar with the Massachusetts Child Support Guidelines which may be found at: http://www.mass.gov/courts/childsupport/guidelines.pdf

• Become familiar with the Financial Statements that must be filed with the Court and served on the other spouse. They may be found at: http://www.lawlib.state.ma.us/subject/forms/index.html#divorce

The bottom line is that you should consult a competent, aggressive divorce attorney as soon as possible.

Attorney Karp provides the best criminal attorney and divorce attorney representation to clients located throughout Massachusetts and New Hampshire including the cities and towns of: Boston, Cambridge, Somerville, Medford, Malden, Stoneham, Brookline, Newton, Framingham, Quincy, Brockton, Lexington, Arlington, Watertown, Brighton, Allston, Dorchester, Roxbury, Mattapan, South Boston, Charlestown, East Boston, Revere, Winthrop, Lynn, Salem, Peabody, Danvers, Newburyport, Amesbury, Andover, Haverhill, Lawrence, Lowell, Wilmington, Essex County, Middlesex County, Norfolk County, Suffolk County, Woburn, Bedford, Acton, Wellesley, Waltham, Dedham, Gloucester, Hamilton, Wenham, Boxford, Ipswich, Newbury, North Andover, Bradford, Chelmsford, Tewksbury, Milton, Methuen, Salisbury, Melrose, Lynnfield, Beverly, Winchester, Saugus, Swampscott, Manchester, Derry, Strafford County, Rockingham County, Hillsborough County, Portsmouth, Seabrook, Exeter, Dover, Nashua, Rochester, Merrimack County, Brentwood, Plaistow, and Newington.