All that said, your spouse can make things more difficult during the divorce proceeding if he or she doesn’t want it to happen. I have seen cases where the non-cooperative spouse causes delays by not responding to pleadings, not attending hearings, not complying with Orders, etc. All in an attempt to hold onto the marriage for as long as possible, steps are taken to delay the divorce, making an already difficult matter even worse.

In situations like these, you are best advised to adhere strictly to the Court Rules and Orders and take every step to be sure that your spouse does the same. This may require Motions to Compel or Complaints for Contempt. Though it could be difficult to take a hard approach with a spouse, it is necessary to ensure that the process moves forward and the matter is resolved expeditiously.

If you are stuck in this kind of situation, contact us to help guide you along the way and push the case to completion.

Generally speaking, you should look for an attorney that has experience in the practice area in which you seek counsel. If you have a divorce matter, you want someone that has experience in that field of law. If you have a criminal matter, find an attorney that practices criminal law. Certainly, attorneys can practice in more than one area of law, which can also be beneficial if you have several cases of different areas of practice (for example, a domestic assault and battery charge at the same time as a pending divorce). Don’t shy away from a particular choice because that person practices in several fields.

You also want an attorney that has practiced in the Court in which you will be. You want someone that knows the Court, the Judges, the staff and the other attorneys. It proves for a much easier process if your attorney can tell you “what this Judge is likely to do” or “what he has seen happen before in this Court.” It also helps for an attorney to be able to tell you how the process will work in a given scenario (for example, where to go the morning of court and what you can expect to see during the day’s events).

The most important factor, at least in my opinion, is to choose an attorney in which you believe. If you meet with the attorney and you do not get a sense of knowledge or trustworthiness in that person, s/he is not the right choice for you. And that’s okay. Speak to another attorney to see if you have more or less faith in that second person.

There is a difference between liking someone’s personality and believing in them as your attorney. You don’t have to like them. You do have to believe in them. Remember that this person is going to be involved in the intimate details of your life, will be advising you as to every important decision and is next to you every step of the process. If you do not believe in him/her, and you cannot have faith in the advice given, then every step of your case will be more difficult than it has to be.

To sum it up, you want a lawyer that you can believe in with the knowhow of the topic area and a relationship with the players to best advise you on your case. It’s not an easy task, but if you choose carefully, you will experience a much easier, less stressful case in the long run.

This is an easy issue to resolve. Contact the city hall in the city where you were married. You will have to either go there, or send a written request, along with a nominal fee. They will ask for your personal information and your date of marriage. They will then issue a certificate.

If you do not have this certificate in time for filing your divorce matter, you can file a motion to file the certificate late. You would simply file the certificate when you receive it. This prevents you from waiting to file your divorce if the city takes a bit to get you the copy. Especially in emergency situations, or those where you need to have a very quick hearing, this can assist you by moving the matter forward without delay.

1. Dress appropriately. It is not necessary to wear a suit or formal outfit to Court. Wear an outfit that you might wear to a job interview, religious service or the like. Be clean and comfortable.

2. Address the Court properly. If you speak to the Court, speak clearly, use words (not gestures) and speak in an appropriate volume. Refer to the Judge as “Your Honor.” Do not speak to, or argue with, the opposing party while before the Judge. Direct all of your words to the Court. No matter what is said, or what the outcome, never display a bad attitude or behavior.

3. Leave your children home. Regardless of which Court you attend, your children do not belong there. Subject matter in Court is often not appropriate for children. You may have to leave the court room with your child/children or leave them outside the courtroom unsupervised when you are before the Court.

4. Observe Court Etiquette. Arrive on time and check in where directed. Stand when the Judge enters and exits the courtroom. Do not speak, read, use your phone or sleep while court is in session.

If you receive a CWOF, you waive all of your rights to trial by Judge or Jury and admit that the Court has sufficient facts to find you guilty. You are not admitting guilt. Rather, you are agreeing that the Commonwealth has enough evidence to meet its burden. You are placed on probation (supervised or unsupervised, which will be determined by the Court) for a certain period of time with or without conditions.

If you comply with all the terms of your probation, your matter will be dismissed at the end of that probation. This is a very positive outcome. Those that receive a CWOF and do well on probation are rewarded with the absence of a conviction on their record.

If you do not comply with the terms of the probation, you will receive a violation of probation. If you are found in violation of the terms and conditions of your probation, the Court can revoke the CWOF and enter a Guilty finding. It can then sentence you up to the maximum period of incarceration that the charge imposes. At this stage, you are not entitled to then request a trial.

If you are in a situation where you are new to the criminal system, or where you’ve been absent from it for an extended period of time, talk with counsel to see if a CWOF is available for you.

If you feel there is a good cause for you to be exempted from taking the program, you can file a motion asking the Court to exempt you. You will then have to demonstrate to the court that it is not necessary to attend.

You are expected to register for the program prior to your First Appearance. You are required to complete the program within 45 days from the service of the Petition to the Respondent. If you cannot adhere to these time standard, you must file a motion with the Court to ask for additional time to complete this program.

For the Child Impact Seminar notice, click here: http://www.courts.state.nh.us/fdpp/childimpactsemnotice.pdf

The court may waive the attendance requirement upon motion, with notice, for one or
both parties. Waivers will only be granted upon a demonstrable showing of certain factors. Most parties are required to attend and waivers are rare.

According to the Standing Order of the Court, it is mandatory that you register with an approved provider within sixty days (60) days of service of the original complaint upon the original defendant and attend the next available session. Your failure to register could result in sanctions by the Court and/or a delay of your pre-trial conference.

A pamphlet entitled “Parent Education Programs: Understanding the Effect of Divorce on Children” is provided to the Plaintiff when the Complaint is filed and is available at all Registries of Probate. You can also find lists of approved programs at the following site: http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/parentedprovidersbycounty.pdf

Your family and friends always want what’s best for you. They are there to love and support you. You look to them for help and guidance. When you are involved in a legal matter, your friends and family will often try to help by telling you about their case, their friend’s case or a case they followed through the media and giving you advice on what to expect. It is in almost every case that I have a client or a potential client say to me “but my friend said that (fill in the blank) would happen.”

Every legal matter is different. Even if your case seems “just like your friend’s case,” just one simple fact can make it an entirely different matter legally. This applies to everything from a criminal case to a divorce case to a civil case. Your friends and family do not know these legal nuances. Only a trained professional can look at the facts and advise you about your case.

My parting advice: don’t listen to your friends. Consult with an attorney for the best legal advice.

Assuming that you know the other party’s address, contact your local sheriff’s department, which are organized by county, and arrange with their “civil service” department for service of the complaint. Be sure to do this as quickly as you can and alert the sheriff’s department of the pending court date. Many courts issue dates within a month or so of the summons date. You want to give the other party plenty of notice to appear.

It’s as simple as that!

Whatever the case, and whatever you decide, you should always reserve the right to return to your former name during the Court proceedings. Ask the court to allow you to do so within your divorce complaint. At the time that the matter is resolved, either by way of trial or by way of settlement, ask the Court to include within the judgment, an order that you may resume your former name.

If you do this, it does not legally change your name. You must then take additional steps to do so. That said, you are free to resume your former name without any further action of the Court. You will simply need to visit the social security office with a copy of the Divorce Absolute (Nisi) (MA) or Divorce Decree (NH).