How do I get Divorced if I don't speak English?

Even if you don't speak English, the Probate & Family Courts in Massachusetts have made an effort to be accessible to all. If you do not speak English well enough to be comfortable understanding a Judge at a court hearing or to complete the forms, notify the court staff and they can arrange for an Interpreter to be present at any court hearing through the Office of Interpreter Services.

In addition, if your native language is Spanish or Portuguese (which represents 86 percent of the non-english speaking litigants in Massachusetts), the Court has released a short form Financial Statement and Instructions in each of those languages, available for download here.

Unless the irony of this blog title is lost on you, you're probably wondering how someone is supposed to read this who doesn't speak English. For that reason, we are re-posting this Blog in both a:

Spanish Version / Versión española
Portuguese Version / Versão Português

(with special thanks to the friends of our firm who translated this post for us)

Facebook & Twitter causing Divorces?

As this news video from CNN describes more and more people are blaming Facebook, Twitter, MySpace and other social networking sites for their divorces.

Although I would argue that these sites are simply an outlet for feelings that would otherwise have surfaced in another form, there is still a lesson to be learned here.

Assume that anything you write on the internet (whether on a "private" page or not) is going to be seen by everyone. It is not only discoverable (in the legal sense) but likely to be discovered or passed along or shared by family, friends, or other acquaintances.

The Role of new Technologies in Divorce Cases.

At Kelsey & Trask, P.C. we recognize that the state-of-the-art technology affects not just the positive aspects of our lives but also the negative. For example, constant access to e-mail, facebook, twitter and similar services provides us with both ways to connect and ways to be distracted (as described further in this NPR article about cell phones interfering with marriages).

It is important therefore to make effective use of technology to help you in your divorce case and also to recognize how the use of technology could hurt your case. These new technologies can also be used to help us learn more about the statistics of divorce (as described in this article about the break-up trends displayed in Facebook posts). Below you can find some resources on our blog and website that deal with both the positive and negative impact of technology on divorce.

We have written many times on this site about the many ways in which Facebook, Twitter and other social networking sites are being used in Divorce cases:

- Facebook & Twitter causing Divorces?

- When a Tweet is a Threat

- Protecting your Privacy in a Divorce. Who has access to your mail, e-mail, etc.?

- 5 Worst Divorce Mistakes - Mistake #3: Telling the World your Side of the Story.

- When a Facebook Friend Request is Against the Law

We also use new technologies and social media to assist our clients (and other lawyers) in dealing with and helping to settle divorce cases:

- Waiting in line for the new iPhone? There's no wait (and no cost) to download our Apps!

- Latest iPhone App now available in the App Store: Alimony Calculator

- What is the Stevenson-Kelsey Spousal Support Calculator (now known as The Divorce Spousal Support Calculator)?

- Attorney's Kelsey & Trask on Twitter

- The Kelsey & Trask, P.C. Facebook Fan Page

- The Kelsey & Trask, P.C. Website Resources for Divorce & Mediation

We hope that our clients use these resources to make the divorce experience less traumatic but also take our advice on how to protect themselves when using these resources.

I Just Got Divorced, How Do I Change My Name?

While there is a separate Petition for Change of Name in the Probate and Family Court, you can also change your name pursuant to a divorce judgment if your name change happens to be due to a divorce. There is a $150 filing fee plus a $15 surcharge for filing of a Petition for Change of Name. Technically there is only a $100 fee for changing your name pursuant to a Divorce Action, but this fee is seldom enforced.

If you are not sure if you want to resume a former name during a divorce you may still change your name later by filing a Petition for Change of Name with the court, starting a new court case specifically for that purpose.

Whether you change your name pursuant to a divorce case or pursuant to a Petition for Change of Name, there are some important logistics that you should be aware to record the name change with various agencies and organizations.

The court will not contact the Social Security Administration on its own. You will need to obtain a certified copy of your divorce decree (discussed further below), fill out and submit Form SS-5, and mail them both to your nearest social security office. The Internal Revenue Service will be notified automatically by the Social Security Administration concerning your name change.

You will need to go to the Registry of Motor Vehicles in person to have your license and registration changed.

To obtain a new passport, you will have to fill out a different form depending on the status of your current passport:
• If your passport is valid, you have had it for more than one year, and you were over age 16 when it was issued to you, fill out Form DS-82 and follow the directions for submittal. You will need a certified copy of your divorce decree for this form.
• If your passport is valid, you have had it for less than one year, fill out Form DS-5504 and follow the directions for submittal. You will need a certified copy of your divorce decree for this form.
• If you do not have a valid passport, you will need to fill out Form DS-11. You will need a certified copy of your divorce decree for this form. Additionally, you will need to submit this documentation at an Acceptance Facility or a Passport Agency, and not by mail.

To change your name on the voter registration rolls, you can go to the town hall, or some websites such as www.RockTheVote.com allow for name change submission.  You may also be able to do this at the RMV when you update your license.

You might also want to change your name at the Post Office. You can do this in person, or online.

Finally, regarding actually obtaining a divorce decree, the court does not automatically send you a copy of your official absolute divorce decree (the final decree that becomes available 90 days after the issuance of the Judgment of Divorce Nisi). You can obtain a copy by mail or in person at the court. The fee for a certified copy of the divorce decree is $20, plus $1 for each page except for the first. You can call the court and ask how many pages it will be, and mail in the appropriate payment.