MASSACHUSETTS DIVORCE PROCESS

Divorce in Massachusetts | Filing for Divorce | Divorce Papers

Divorce Process

In Massachusetts divorce is initiated either by the filing of a Joint Petition for Divorce (where the parties have reached a settlement in advance of filing) or by filing a Complaint for Divorce either claiming fault or no fault grounds. It is not necessary to show that your spouse has caused the divorce. Most divorces are filed on the grounds of irretrievable breakdown, commonly called no fault. While some divorces are contested, (no agreement) on issues of property, support, etc., few are actually contested on the grounds for the divorce itself. The grounds for the divorce do not necessarily determine how the property will be divided or how much support will be awarded, although under extreme circumstances, fault and wrongful conduct can have an impact on the final outcome.

How Long Will It Take To Get Divorced:

The time it takes to complete a divorce, depends on how quickly both husband and wife can agree to how to handle custody of your children and child support, and the division of all of your property. If you can not agree and need to go to court to have a Judge decide the issues your divorce will take considerably longer then if , with the assistance of counsel or through mediation, reach an agreement prior to filing or in advance of any trial date.

Once a divorce has been filed, an answer must be filed by the other party within twenty days from the service of the original papers. An answer is generally the method by which the opposing counsel enters the case. It is very important to consult an attorney as soon as you are served a complaint for divorce, so that you can properly prepare and file your answer or counterclaim in time. An answer may contain a counterclaim, an opposing complaint which states the responding spouse’s requests from the Court.

File For Divorce:

To file for divorce in Massachusetts, the following must have occurred: The parties lived together as husband and wife in Massachusetts; The reason for the divorce occurred in Massachusetts; or The parties lived together as husband and wife in Massachusetts and the cause of action occurred while at least one of the spouses was living in Massachusetts. If none of the above applies, you can file for divorce in Massachusetts if you have lived in Massachusetts for one year preceding the commencement of the divorce.

If you cannot wait one year to file for divorce for financial or other urgent reasons, there are no residence requirements for the filing of a Separate Support Complaint provided you are living in Massachusetts at the time the complaint is filed.

A complaint for divorce is typically filed in the county in which the filing party currently resides in or in some cases, where the couple last resided together. You do not have to be living apart to file for divorce.

Temporary Orders:

At the time the divorce is filed, it is often important to seek a temporary court order, which will be in effect while the divorce is pending. These temporary orders include custody and parenting time allocations, child and spousal support and when appropriate, temporary restraining orders to prevent abuse. The initial orders by a judge have a significant impact in your case. It is vital that you consult with an attorney prior to any hearing for temporary orders. Our office will work closely with you to navigate this, often difficult, step in your divorce.

Discovery:

Very shortly after the divorce commences, the attorneys will engage in a process called "discovery". During this process, all assets, liabilities and income will be identified and valued. Massachusetts has mandatory discovery requirements that must be met by both parties. This process can be undertaken informally by the attorneys or through what is known as "formal discovery", utilizing document production requests, interrogatories, depositions and subpoenas. The formal discovery process can be very time consuming and complex.

Contact the Lowell, MA divorce attorneys at Berid & Schutzbank for a confidential consultation about your family law or divorce matter.