In Massachusetts, you must go to court to get a divorce. It is possible to get a divorce by going to court only once, provided you and your spouse can agree on the terms of the divorce settlement. If you are getting an uncontested divorce, there is only one court appearance that is required, but you and your spouse must agree on all the issues of your divorce including dividing assets, alimony and child custody. Alternative methods such as divorce mediation and collaborative divorce allow couples to resolve their issues with the help of professionals outside of the courtroom thereby reducing court appearances.
Understanding Your Divorce Path:
Litigation vs. Mediation
Litigation: When Court is Unavoidable
In some divorce cases, especially those where agreement seems out of reach, family court becomes the stage for settling disputes. Litigation, the legal term for fighting it out in court, often happens when there are fault grounds such as infidelity or abuse, or simply too many unresolved issues. Yet, it’s a path filled with legal fees, formal procedures, and sometimes, heartache.
Mediation: The Peaceful Alternative
Divorce mediation offers a more peaceful alternative. Here, a neutral divorce mediator works with both parties to reach a full agreement on major decisions like division of marital assets and child custody agreement. I’ve seen many couples breathe a sigh of relief when they realize they can avoid the drama of many court hearings.
Eligibility for an
Uncontested Divorce
Meeting the Residency Requirement
To get divorced in Massachusetts, one spouse must be a resident of the state. If the reason for the divorce happened in Massachusetts and you lived here as a couple, there’s no minimum time to have been a resident. But if the grounds occurred outside of the Commonwealth of Massachusetts, at least one spouse must have lived here for a year prior.
Agreeing on Key Issues
An uncontested divorce is a good idea when both partners can agree on important information like spousal support and property division. This type of divorce makes the process simpler and quicker, and it’s a sign that you both want to minimize stress.
The Divorce Process in Massachusetts:
A Step-by-Step Guide
Filing the Necessary Paperwork
The first step in any divorce is filing the right divorce papers. This includes a divorce complaint, financial statements, and a certified copy of your marriage certificate, among other things. In uncontested cases, a joint petition is filed by both you and your spouse.
Attending Required Programs
If you have minor children, the state requires both parents to attend a parent education class. This is to ensure that the best interests of the child are considered and that both parents understand how to support their children through the divorce process.
Affordable Massachusetts Divorce Solutions
An affordable divorce is possible. At Afford Law, our fees are based on your income, so the less you earn, the less you pay. Our mission is to provide experienced legal help you can afford.
If you can’t afford our lower rates for a traditional attorney-client relationship, you have another option. Our legal coaching service can save you money and still give you access to a skilled attorney. In this arrangement, you represent yourself in court while we work with you behind the scenes to prepare you every step of the way. This service is available to you for one low monthly fee.
Divorce Without Fault:
Understanding No-Fault Divorce
Irretrievable Breakdown of Marriage
Massachusetts law allows for a no-fault divorce, which means neither spouse blames the other for the breakdown of the marriage. It’s legally referred to as an “irretrievable breakdown of the marriage,” and it’s a common ground for uncontested divorce.
Filing on No-Fault Grounds
When filing for a no-fault divorce, you do not need to prove fault grounds like adultery or abuse. This often makes the divorce proceedings less contentious and helps maintain a civil relationship post-divorce, which is especially important when children are involved.
Financial Aspects of Divorce:
Assets and Support
Division of Assets and Debts
Property division can be one of the most contentious parts of a divorce. Everything from the family home to bank accounts and credit cards needs to be divided. Massachusetts follows an “equitable division” principle, which means the division should be fair, though not necessarily equal.
Spousal and Child Support
Spousal support, also known as alimony, and child support payments are major decisions that have long-term financial impacts. Factors like:
- length of the marriage,
- income, and
- child tax credits
play a role in determining who pays what to whom.
Crafting Your Agreement:
The Separation Agreement
The Binding Contract
A written separation agreement is a binding contract that outlines everything from the division of marital assets to child custody arrangements. This document is the very heart of your divorce. It’s important to have legal advice when drafting this document to ensure it’s fair and comprehensive.
The Court's Approval
Even in an uncontested divorce, the family court must approve your separation agreement. This is to ensure that the agreement is in the best interests of any minor children and that it complies with state and federal laws. Further, the judge will want to know that neither party took advantage of the other.
Final Steps:
Obtaining a Judgment of Divorce
The Legal Seal of Approval
Once the court approves your divorce agreement, a Judgment Nisi will be issued. This order is in place for a specified waiting period. For uncontested divorces, the nisi, or waiting period is 120 days. For contested divorces it’s 90 days. After that, your marriage officially ends and you can remarry if you choose.
Changing Your Name and Updating Documents
After a divorce, some people choose to change their name back to their maiden name. This and other updates to personal information will require a certified divorce judgment.
Going to Court
Even in an uncontested divorce, you still have to go to court, but only once. You will have come to an agreement with your spouse and written it down in the Separation Agreement. You will have filed all the necessary papers. Now you must go before a judge and have them approve of your agreement. If all goes well, this will be the only time you have to go to court.
Special Circumstances:
When Court Might Be Needed
Unresolved Disputes and Legal Complexities
Sometimes, despite your best intentions, you can’t agree on everything. In these cases, or when there are complex legal issues, court hearings are necessary to resolve the disputes. If you have to go down this path, it’ll take longer, be more expensive and more stressful.
Safety and Domestic Violence Concerns
If there are safety concerns, such as cases involving domestic violence, court intervention is important to ensure the protection of all parties involved. You might want to consider getting a Restraining Order for your protection. They can be obtained through the District or Probate and Family Court. Your safety, and the safety of your children, are your highest priorities.
Conclusion:
Simplifying Your Massachusetts Divorce
Divorce doesn’t always have to be a battle in court. In Massachusetts, couples have options like uncontested divorce and divorce mediation to simplify the process. With the right approach and assistance from experienced divorce attorneys, you can achieve a resolution that respects the interests of all parties involved.
Legal Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific circumstances and receive tailored guidance.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.
