Divorce can be a difficult and emotional process, but with the right guidance from an experienced attorney and knowledge of the divorce process, it can be smooth and efficient. Here is a brief overview of the divorce process in Massachusetts.
Overview for Filing for Divorce in Massachusetts:
- Residency Requirements: In Massachusetts, either spouse must have lived in the state for at least one year before filing for divorce.
- Grounds for Divorce: Massachusetts is a no-fault divorce state, which means that you can file for divorce without proving fault or wrongdoing by either spouse. The only grounds for divorce in Massachusetts are irretrievable breakdown of the marriage.
- Fill out Divorce Forms: The next step is to fill out the necessary divorce forms. The forms can be obtained online or from the probate and family court in your county. These forms include a complaint for divorce, a summons, a certified copy of your marriage certificate, financial statement forms, and other relevant documents.
- Serve Your Spouse: After filling out the forms, you must serve your spouse with a copy of the complaint for divorce and the summons. You can do this by having a sheriff or constable serve the documents in person or by sending them via certified mail.
- Financial Disclosures: Both spouses are required to disclose all of their financial information, including income, assets, and debts. This information is used to determine property division and support payments.
- Negotiations: The spouses may negotiate and reach an agreement on all of the issues related to the divorce, including property division, child custody, and support payments. If an agreement is reached, it is filed with the court.
- Court Hearing: If the spouses are unable to reach an agreement, a court hearing is scheduled. During the hearing, the judge will hear arguments from both sides and make a decision on the issues.
Hiring an attorney early in the process will help expedite the divorce process and ensure documents are complete and information is accurate. An experienced divorce lawyer offers the following invaluable services:
Legal Knowledge and Experience: Attorneys have extensive knowledge of the legal system and can provide guidance throughout the divorce process. They have experience negotiating and litigating divorce cases and can help you understand your legal rights and options.
Objective Advice: Divorce can be an emotional and stressful process, and an attorney can provide objective advice and support. They can help you make decisions that are in your best interest and guide you through difficult situations.
Paperwork and Court Filings: Attorneys can handle all of the paperwork and court filings, which can be time-consuming and confusing. They can ensure that all of the necessary forms are filled out correctly and filed on time.
Divorce can be a complex and emotionally charged process. While it is possible to file for divorce without an attorney in Massachusetts, it is highly recommended that you consult with an experienced attorney to guide you through the process. An attorney can provide you with legal knowledge, objective advice, and handle all of the paperwork and court filings, making the process smoother and more efficient.
If you are considering filing for divorce in Massachusetts, we encourage you call our office. We are dedicated to helping clients navigate the divorce process and achieve their desired outcomes. Contact us today to schedule a consultation and learn more about how we can help you. Don’t go through this challenging process alone, let us help you.
