FAQs

Attorney Marc C. Vincelette

  • What areas of law does Attorney Marc C. Vincelette practice?

    Attorney Marc C. Vincelette provides legal representation in several areas of law including family law, divorce law, mediation, and criminal law. He is both an experienced attorney and a certified mediator.
  • What areas of Massachusetts does Attorney Marc C. Vincelette serve?

    Attorney Marc C. Vincelette offers legal services throughout Berkshire County, Massachusetts, including his hometown of Pittsfield, MA. His practice is focused on serving clients within this region of Massachusetts.
  • What payment types does Attorney Marc C. Vincelette accept?

    For your convenience, Attorney Marc C. Vincelette accepts multiple payment methods including cash, check, Venmo, and all major credit cards.
  • What reasons do I need to file for divorce in Massachusetts?

    In Massachusetts, you do not need to prove that someone did something wrong in order to file for divorce. You can file for divorce for a good reason, a bad reason, or no specific reason at all. Massachusetts allows divorces based on an irretrievable breakdown of the marriage.
  • What paperwork do I need to file for divorce?

    To begin the divorce process, the primary document needed is a long-form certified copy of your marriage certificate. Depending on the type of divorce and the issues involved, additional documents may also be required as the case moves forward.
  • What are the court filing fees for a divorce?

    For a contested divorce, the court filing fee is currently $215.00, plus an additional $5.00 summons fee. After the case is filed, the summons must be served on the opposing party by a sheriff. Service typically costs approximately $40.00 to $50.00, depending on the circumstances.
  • How long does it take for my case to be seen by a judge?

    If your case requires temporary orders, such as orders involving custody, parenting time, child support, alimony, or use of the marital home, your case will usually be scheduled before a judge within approximately 4 to 5 weeks. At that hearing, the judge will issue temporary orders that both parties must follow while the divorce case is pending. Temporary orders are issued, and your case will be back in front of a judge in a 3 to 4 month period to allow the parties to exchange financial documents and attempt to negotiate a settlement.
  • What happens if one party violates court orders?

    If one party disobeys a court order, the other party may file a complaint for contempt. If the judge finds that a party violated a clear court order, the judge may impose sanctions including fines, attorney fees, or, in some cases, incarceration.
  • Can we obtain financial records from the other party?

    Yes. In divorce cases, the rules require both parties to exchange certain financial documents, including income information, bank records, pay stubs, tax documents, and other relevant financial materials. Additional documents may also be requested through discovery, ordered by the court, or subpoenaed directly to your attorney when necessary.
  • Do parties usually try to negotiate a settlement?

    Yes. Most divorce cases eventually resolve by settlement before trial. Settlement discussions can take place in several different ways, including attorney-to-attorney negotiations, court-assisted dispute resolution, mediation, and four-way conferences. A four-way conference is a meeting, often held by Zoom, where both parties and their attorneys work through the issues together in an effort to find common ground. If those methods are unsuccessful, the parties may also choose to work with an independent third-party mediator.
  • How long will my divorce take?

    The length of a divorce case can vary significantly. Some divorces are resolved within a few months, while others may take a year or more. The timeline usually depends on the complexity of the issues, including custody, support, property division, and alimony, as well as the willingness of both parties to exchange information, negotiate, and reach a settlement. If the parties cannot resolve the case by agreement, the matter may eventually proceed to trial.