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Tips on preparing for divorce litigation

Even if they hope to avoid litigation, some couples in Massachusetts who are going through a divorce may end up in court. Being prepared may make that process go more smoothly.

Getting the right attorney is one step. This does not necessarily mean the most aggressive attorney. A needlessly combative attorney can anger a judge and be costly to a client. An attorney who can protect a client's interests without unnecessary aggression is a better choice. Even with an attorney, people may want to educate themselves about how Massachusetts divorce courts operate. It can be useful to understand procedural issues such as how a court date is set.

Knowing these procedural issues will also help prepare a person for the discovery phase. At this point, a person needs to produce any information the court asks for such as bank statements. There might also be interviews and even psychological assessments. Although this can be difficult, it is important that people remain calm and controlled while in court. They should avoid bringing their children unless the judge requests it. Judges usually do not look favorably on what they see as efforts to affect results by involving children.

People should also be open to compromise and perhaps another round of mediation before proceeding to court. A case that is contested can become uncontested if parties can reach an agreement.

Whether a person is facing an amicable or difficult divorce, an attorney may be helpful in navigating the situation. Complex and emotional issues can arise during the course of a divorce. An attorney can explain the options in practical terms that assist clients in making decisions that will serve them over the long term.

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