Everything You Need To Know About Getting a Divorce In Massachusetts
At Boston Couples Therapy, we always try to help couples who want to stay together. However, there are circumstances where a divorce is in the best interests of both parties. Divorce can be a painful process. It’s bad if you don’t have children and it can be even worse if you do have kids. This post is intended to help you learn about divorce in Massachusetts. It is intended to detail factual legal information about divorce in Massachusetts but does not constitute legal advice.
What Is The Difference Between Legal Separation, Annulment and Divorce in Massachusetts?
Legal Separation. Married couples can end their marriages through annulment or divorce in Massachusetts. A spouse who separates without a divorce can request child support and spousal support if they are seeking these awards.
There are various reasons for separating, but not divorcing. These include religious reasons, or financial reasons, like health insurance or tax advantages.
In order to avoid deportation, a noncitizen should establish separate support before ending his or her marriage.
Annulment. In Massachusetts, an annulment is allowed if the marriage was void or voidable. If you meet one of the criteria for annulment then this will be your next step.
If your marriage can’t be undone by law, it is a void marriage. If you weren’t legally permitted to marry because of a particular problem but the state will allow you to choose to remain married, you have a voidable marriage.
Reasons for a void marriage include:
- One of the spouses was already married to someone else, and the other didn’t know. This is referred to as bigamy. If a person knew that their spouse had been previously married when they got involved, then they must request a divorce rather than an annulment.
- Massachusetts law restricts marriage to those related by blood, marriage, or adoption. That means you cannot marry someone who is your grandparent, parent-in-law, niece-in-law, nephew in law (or vice versa), aunt or uncle (or their children), spouse’s grandparents or parents (and vice versa).
Reasons for a voidable marriage include:
- One of the spouses was incapable of providing the mental capacity to consent to marriage at that time (e.g., if the spouse suffered from a form of mental illness or was drunk).
- One of the spouses is not physically able to engage in sexual intercourse.
- One of the spouses was too young to get married. In Massachusetts, you must be 18 years old to get married unless you have parental approval and a judge’s consent.
- There are different kinds of fraud that can annul a marriage, including adultery or fraudulence in the contract (meaning one party entered into it for ulterior purposes).
Divorce. Getting divorced in Massachusetts is a lengthy but final process. As soon as the court grants an Absolute Decree, all ties are severed, assets and debts divided by law, custody and alimony issues resolved, and each spouse goes their separate way.
What Are The Requirements For Divorce In Massachusetts?
Getting a divorce in Massachusetts can either be done with no-fault or fault-based grounds. In the case of no-fault, you only need to cite “irreconcilable differences” as the reason for ending your marriage.
In order to file for a “fault-based” divorce in Massachusetts, the plaintiff must prove that one or more of the grounds permitted by statute exists. These include adultery, substance abuse/addiction, cruel and abusive treatment, desertion for 1 year or longer, and imprisonment for 5 years or longer.
What Are The Ways To Divorce?
Understanding all of the options for divorcing in Massachusetts is an important step when you’re thinking about starting the divorce process.
Deciding to pursue an uncontested divorce in Massachusetts or deciding whether you want a cooperative effort could significantly reduce both time and costs.
It is important to note that no specific type of divorce is better than another. The decision is extremely personal and unique to your situation.
Divorce is a complicated process, and as such you need to find out what kind of divorce process will work best for you. It should reflect the dynamics in your relationship with your spouse so that it can be resolved quickly and easily.
DIY Divorce
One popular approach to get a divorce is “Do It Yourself.” This means you avoid using any professionals to save costs. This one may seem straightforward but don’t be fooled— it comes with some serious drawbacks. Unless you are unmarried and childless, this approach is probably best avoided unless needed for cost-saving purposes.
Online Divorce
Online Divorce is a relatively new option. It is a better choice for most people than the DIY option. An online divorce platform can be a great option for situations where both spouses are on the same page and there is not much conflict in the process. You’ll use guided interviews to complete all of the forms, and get educated about all of the key legal issues involved. This will boil things down to an online choice between filing one-sided (and expensive) or collaborative divorce paperwork without worrying as much about high lawyer fees.
Litigated Divorce
The most costly and high-stress option available is litigation. In cases where a couple can’t come to an agreement, this is the default process. Although settlements happen more often than not, litigating a divorce is often harmful to your relationship with a spouse, your children, and your checkbook.
If your spouse has a high-conflict personality (narcissist, borderline, etc.) or there is domestic violence, litigation might be necessary. Litigation is also the favored choice of those trying to punish their partner. However, it’s important to think about the big picture before deciding what’s best for both of you in the long run.
Collaborative Divorce
Divorce is more than a legal process, it concerns money and children. That’s why collaborative divorce includes a team of lawyers, coaches, and financial specialists to handle these aspects. Collaborative divorce requires the parties to commit to staying out of court. The removal of the threat of litigation improves collaboration, creativity, and negotiation.
Mediation
Mediation uses neutral third-party professionals (typically attorneys or therapists (or someone who is both!)) who will work to create agreements between you and your spouse. Mediation offers an opportunity for you to brainstorm options, understand each other’s views, and make compromises with the mediator as a guide.
How Do I File for Divorce in Massachusetts?
The first step is to gather all your important financial information in one place.
Organize Important Information
Approach your divorce without cutting corners or skimping on time and attention to detail. That will guarantee you the best possible financial settlement with your spouse, protect your rights, and give you a chance of achieving a lower-stress divorce. When getting a divorce in Massachusetts, certain things should be done early and systematically. Here is a list of actions to take before you begin collecting financial information in relation to getting a divorce:
- You should open new checking and savings accounts in your name alone.
- You’ll need to open a credit card in your name alone.
- Review your credit score or order your credit report.
- Create a list of all your assets and liabilities. Include everything you can think of for now.
Next, you should begin to collect financial documentation. This includes the following non-exhaustive list:
- 5 years of tax returns including W-2’s, K-1’s, and 1099’s
- The last 3 months of pay stubs
- Statements from your bank, your credit card company, your retirement accounts, your taxable investment accounts, and your pension plans
- Grant notices for stock options, RSUs, etc.
- Copies of any life insurance policies, mortgage statements and any real estate appraisals and deeds
- Statements for any loans, lines of credit, or notes payable
- Social security benefit statements
Complete initial divorce paperwork
The type of divorce you file in Massachusetts will determine what forms are necessary.
- If you and your spouse agree that the marriage has irretrievably broken down, and have worked out all of the issues, including child support, parenting time, alimony, custody, and dividing assets, you will file for a no-fault 1A divorce
- If one spouse believes the marriage is beyond repair or both spouses agree to divorce but disagree about the above issues, this would be a contested no-fault divorce and you will file for a no-fault 1B divorce.
- If you want to base the divorce on a specific reason such as adultery, drug or alcohol addiction or cruel treatment then you would file for a fault-based divorce.
File Necessary Forms
After filling out your divorce forms, you can file them with the Probate and Family Court. If both of you lived in the same county before filing for divorce, you can file by going to the Probate and Family Court in that county. Otherwise, you can go to the Probate and Family Court closest to whichever county either of you lives in now.
How Do I Complete Service in Massachusetts?
Within 90 days of filing your complaint, you must serve notice to your spouse.
Attempting to serve family law papers on your own is ineffective in Massachusetts. You can hire a sheriff or constable for this service. It’s best to turn in the original complaint, summons, Track Assignment Notice, affidavit of indigency (a separate document), and Affidavit Disclosing Care or Counsel Proceedings (a separate document) with them. They’ll also need a copy of the Automatic Restraining Order if needed.
The sheriff or constable will complete service in person and return a completed Proof of Service to either you or the court directly.
When the sheriff or constable cannot locate the defendant after good faith attempts, filing a Motion for Alternative Service is necessary. You will then be provided with alternative methods of service such as mail or published notice.
Can I File for Divorce Without a Lawyer?
You can file for a divorce in Massachusetts without an attorney.
The first step in an uncontested divorce is for you to decide if you’ll be filing one or not. If you don’t want to use a lawyer, it is in your best interest to file an uncontested divorce because it will make the drafting of a separation agreement easier and quicker.
If you and your spouse can’t agree, consider using a mediator rather than involving lawyers. A mediator will guide you through the process of reaching an agreement on all issues of financial concern. This collaborative approach should help make it possible for each party to feel heard and respected, leading to agreements that both parties can be happy with. They will guide you through settling outstanding issues and will help you peacefully settle difficult issues like child support and custody, alimony, and asset division.
How Much Does Divorce Cost?
If you file for divorce in Massachusetts, you will be required to pay specific fees as listed below:
– A $200 filing fee. This can be waived if your income is below a specific threshold.
– A $15 surcharge on requests.
– A $5 summons charge
Divorce law expenses can cost anywhere from $200 to $500 per hour, depending on the complexity of your specific case. A retainer is also usually required upfront.
Expect to spend between $3,000 and $7,000 if you need to consult a mediator or arbitrator. Some judges may require couples to try mediation.
A contested divorce in Massachusetts can cost tens of thousands of dollars, depending on factors like the number of assets involved and disagreements over child custody and support.
How Long Will It Take To Get Divorced in Massachusetts?
If your divorce is uncontested and you and your spouse file a separation agreement as joint petitioners, the process usually takes roughly three months. In complicated situations, where both spouses remain in disagreement with each other, divorce proceedings can last longer.
Parenting classes are a must for parents with minor children and are required of anyone who wants to file for divorce in the state of Massachusetts.
Once you file your joint petition for divorce along with your financial statements, the court will schedule a hearing date. It can take a few weeks between filing your documents and receiving the hearing date. If the court approves your separation agreement, it will issues a temporary divorce judgment (known as a Judgment of Divorce Nisi) 30 days later. The judgment will become final within 90 days of that order.
So, in summary, the entire divorce process usually takes about 7 to 8 months if the divorce is uncontested.
In contested divorces in Massachusetts, the couple must wait six months from the filing date to have a divorce hearing where a Judgment of Divorce Nisi may be issued. The Judgment will become final within 90 days after that. If both parties settle during those six months, then they can switch to an uncontested process without having to go through the entire 6-month period.
In Massachusetts, a contested divorce process should take no more than 14 months from filing to entering a judgment. However, depending on various factors like court backlog and personal needs of the parties involved, it may take longer.
Should I Involve Other Professionals In My Divorce?
The answer for most people is “Yes.” If your divorce case is complex, involving for example child custody, alimony or property division, then you should hire professionals to help you with it (for example divorce lawyers and divorce mediators).
This advice also applies if you are representing yourself in divorce court. It will save a lot of stress on you because highly experienced divorce professionals know the relevant divorce laws and can provide proper guidance and assistance without additional expenses.
You may also want to consider working with a Certified Divorce Financial Analyst if your finances are complex. A CDFA can help you make decisions about alimony, child support, asset division, and retirement.
Can I Stop My Spouse From Divorcing Me?
Divorce in Massachusetts is a straightforward process. Once one spouse files for divorce on the grounds of irreconcilable differences, there is no defense; all that needs to be done on behalf of the defendant is to state they can’t live with you or state their love has died.
When you are served with papers for a contested divorce, one party’s decision can’t stop the other from getting a divorce. If your spouse refuses to sign an agreement about how you want to split assets and divide custody of your kids, it means that ultimately a judge will decide those details instead.
What Is a Divorce Decree and a Divorce Certificate?
The divorce decree lays out the rights and responsibilities of each spouse. This includes financial responsibilities, division of assets, child custody, visitation, alimony, child support, and other issues.
After your divorce is final, you can request a certified copy of your Divorce Decree from the court that granted the divorce. A certified copy will cost $20 plus an additional $1 for each page beside the first one.
A court-granted decree is legally binding, meaning if either party fails to live up to the terms of the decree it may be necessary for the other party to take action.
A divorce certificate is a simple document that declares the end of a marriage to be legally valid.
A divorce certificate provides proof that a couple is no longer married and can be used as proof in some legal documents such as obtaining a driver’s license or being able to marry again.
Divorce is a difficult and painful process for both parties involved. However, it may be the best decision if your marriage has become unbearable or irreconcilable. You’ll find that there are many resources online to help you learn more about divorce, including this blog post on all aspects of the process in Massachusetts. I hope this has been informative and helpful as you consider what steps to take with your own relationship or family situation. If you are interested in working to repair your marriage or you want to get started in understanding how mediation can work for divorcing couples, get in touch today!
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