From Summons to Settlement: A Step-by-Step Look at Divorce in Massachusetts

Filing for Divorce

Every divorce case in Massachusetts begins the same way: with paperwork filed at the courthouse. After the filing, the court dockets the case, assigns it a judge, and issues a case number. The court then sends out a summons, which notifies the other spouse that a divorce case has started.

How long this takes depends on the courthouse. Some process filings within a couple of weeks. Others take several months.

What Does It Mean to Be the Defendant?

When a summons is issued, one spouse becomes the plaintiff and the other is labeled the defendant. Many people panic when they see the word “defendant” attached to their name. But in family court, this label does not mean you are guilty of anything. It only means you were not the one who filed first.

In fact, some attorneys prefer representing the defendant. That position gives you the opportunity to see the other side’s arguments before you file your own response. It can be a strategic advantage.

Answering the Complaint

Once served, the defendant has 20 days to respond. This response is called an answer. In your answer, you state whether you agree or disagree with the points listed in the divorce complaint. You can also file a counterclaim, outlining what you want from the divorce.

Without a counterclaim, the court might only hear your spouse’s requests. With it, you ensure your voice and your priorities are part of the case from the beginning.

Why Temporary Orders Are Important

Divorces don’t wrap up overnight. That’s why temporary orders play a critical role. These short-term decisions keep families functioning while the divorce is ongoing. Judges may use temporary orders to decide who lives in the family home, who pays bills, how custody is shared, and what the parenting schedule looks like.

Without temporary orders, couples could face months of uncertainty. These orders provide structure and prevent unnecessary conflict while the case moves forward.

The Purpose of Pretrial

Pretrial is often misunderstood. It is not the time for showing texts, emails, or documents. Judges typically don’t review that kind of evidence until trial. Instead, pretrial is your chance to explain to the judge what issues you and your spouse still disagree on.

The judge listens, then provides feedback. This feedback is not a ruling, but it offers valuable insight into how the judge views the case.

How Pretrial Leads to Settlements

The judge’s comments during pretrial often help resolve cases. If a spouse hears that the judge does not agree with their position, they may decide to compromise instead of risking a trial. This is why nearly 80% of divorce cases in Massachusetts settle at or shortly after pretrial.

Going to Trial

If your case cannot settle, it moves to trial. Trials require detailed preparation, including reviewing discovery and carefully organizing evidence. Unlike pretrial, this is when judges review the documents, messages, and proof each side has gathered.

Trial is not fast. Many people go into the process expecting a quick decision, but Massachusetts divorce trials often take a long time to conclude. Being prepared for this reality can make the process less stressful.

Divorce Timelines Can Vary Widely

Every divorce is unique. Some are resolved quickly when both spouses are willing to cooperate. In one case, a couple who expected a lengthy battle ended up finalizing their divorce in just one week once both sides agreed to work together.

Other divorces drag on because of constant disagreements. The timeline depends on the courthouse, the judge, and how much each spouse is willing to compromise.

Avoiding Misinformation

Throughout this process, it is important to avoid advice from friends, family, or social media. Their experiences may not reflect what will happen in your case. Even two divorces with similar facts can have very different outcomes depending on the judge or the day in court.

Trusting the wrong information can create unrealistic expectations and add unnecessary stress.

Moving Forward with Confidence

The Massachusetts divorce process involves many steps: filing, summons, answers, temporary orders, pretrial, settlement opportunities, and sometimes trial. Each stage matters, and each one brings you closer to resolution.

While divorce can feel unpredictable, knowing what to expect at each stage helps you prepare. Whether your case resolves in weeks or takes months, being informed makes the process easier to manage.