Steps for Filing for Divorce in Massachusetts

Filing for divorce can be a complex and emotionally charged process, but understanding the steps involved can help reduce stress and make the process smoother. 

Key Takeaways:

• Massachusetts offers both contested and uncontested divorce options depending on the level of agreement between spouses.
• The divorce process begins by filing a Complaint for Divorce in the appropriate court and serving it to your spouse.
• Our team at O’Connor Family Law is here to help you navigate the complexities of divorce in Massachusetts and ensure the best possible outcome for you and your family.

Filing for divorce in Massachusetts can be one of the most significant life changes you will experience. Whether you and your spouse are amicable or if you anticipate a more contentious process, understanding the steps involved can help alleviate some of the uncertainty. Divorce in Massachusetts can be a challenging and emotional process, but knowing what to expect can give you peace of mind as you move forward.

At O’Connor Family Law, we’re here to help guide you through every step of the divorce process. Our team of experienced divorce attorneys is committed to ensuring that your rights are protected and that you fully understand your legal options. Let’s take a closer look at the steps for filing for divorce in Massachusetts.

Step 1: Determine the Type of Divorce

The first step in filing for divorce in Massachusetts is determining whether your divorce will be contested or uncontested.

• Uncontested Divorce: This type divorce of occurs when both spouses agree on key issues such as property division, child custody, and spousal support. An uncontested divorce is generally quicker, less expensive, and less stressful. If both parties agree on everything, you can submit an agreement to the court and avoid a lengthy trial.
  
• Contested Divorce: If you and your spouse cannot agree on important issues, you will likely go through a contested divorce process. Contested divorces are more complicated, requiring negotiation, mediation, or court intervention to resolve disagreements. These divorces typically take longer and may result in a more emotional and expensive process.

Your divorce lawyer can help you determine which type of divorce is best for your situation and advise you on how to proceed accordingly.

Step 2: File the Complaint for Divorce

Once you have determined which type of divorce you are pursuing, the next step is to file a Complaint for Divorce with the court. In Massachusetts, you must file the divorce petition in the county where either you or your spouse reside. The Complaint for Divorce outlines the legal grounds for the divorce and details your requested relief, including property division, alimony, child custody, and support.

In Massachusetts, you can file for either a no-fault divorce or an at-fault divorce. A no-fault divorce is the most common and simply states that the marriage is “irretrievably broken” and that reconciliation is impossible. In contrast, an at-fault divorce involves proving that one spouse’s misconduct—such as infidelity or abuse—led to the breakdown of the marriage.

Step 3: Serve the Divorce Papers

After filing the Complaint for Divorce, you must serve the divorce papers to your spouse. Serving the divorce papers means that your spouse must officially receive a copy of the divorce petition and the summons. You can serve the divorce papers either in person or by mail. If your spouse is unreachable or refuses to accept the papers, alternative methods, such as serving by publication, may be allowed.

Once your spouse has been served, they have a set amount of time to respond to the complaint. If your spouse does not respond in time, you may proceed with an uncontested divorce by default.

Step 4: Respond to the Divorce Petition

If your spouse responds to the Complaint for Divorce, they will file an Answer with the court. In this response, they will agree or disagree with the claims made in the Complaint and outline their own requests for divorce. If both parties agree on the terms of the divorce, you can move forward with an uncontested divorce.

If your spouse disagrees with any part of the divorce petition or requests different terms, the divorce will proceed as contested. This step is where negotiation, mediation, or a trial may become necessary to resolve disagreements.

Step 5: Negotiate Divorce Settlement

In a contested divorce, the next step is typically negotiation. This step can involve back-and-forth discussions between both parties or through a neutral third party, such as a mediator. Mediation can be a helpful tool for resolving disputes, particularly when children or substantial assets are involved.

During negotiations, both spouses can work to resolve issues such as:

• Property Division: Massachusetts follows the principle of equitable distribution, meaning property is divided fairly, but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s financial and non-financial contributions, and future needs.
  
• Child Custody and Visitation: If you and your spouse share children, determining custody and visitation arrangements is often the most contentious issue. The court’s primary concern is the best interests of the children.
  
• Spousal Support (Alimony): Alimony may be awarded to one spouse depending on the length of the marriage, the income disparity, and the financial needs of the requesting spouse.

If both parties can reach an agreement, the terms will be submitted to the court for approval.

Step 6: Attend the Final Divorce Hearing

If a settlement has been reached through negotiation or mediation, the final step is attending a divorce hearing. During the hearing, the judge will review the divorce settlement agreement to ensure it is fair and in compliance with the law. If everything is in order, the judge will grant the divorce and issue a Divorce Decree, finalizing the process.

If the divorce remains contested, a trial may be necessary. In a trial, each spouse presents their case to the judge, who will make decisions on all unresolved issues. After the trial, the judge will issue a Judgment of Divorce, which includes all rulings related to property division, custody, support, and alimony.

Step 7: Finalize the Divorce

Once the divorce decree is issued, the divorce is finalized. However, there are a few final steps that must be completed, such as transferring property titles, changing your name (if applicable), and ensuring that any spousal support or child support payments are set up.

Even after the divorce is finalized, it’s important to review the terms of the divorce periodically, especially if there are significant life changes, such as a new job or a child’s medical needs. You may need to modify your divorce agreement to reflect these changes, and a family law attorney can help with this.

O’Connor Family Law Can Help You Every Step of the Way

Filing for divorce in Massachusetts can be overwhelming, but you don’t have to navigate the process alone. At O’Connor Family Law, we are committed to providing compassionate and effective legal representation for all of our clients. Our team of dedicated attorneys is here to guide you through every step of the divorce process, from filing the Complaint to finalizing the divorce.

Whether you are facing a contested or uncontested divorce, our team is here to help you protect your best interests and ensure the best possible outcome for you and your family. Reach out to book a free case evaluation today and let us help you navigate the complexities of divorce in Massachusetts with confidence.