Massachusetts Divorce and Separation Made Simple: A Stress-Free Guide
Separation and divorce can feel overwhelming. This article will help you understand the process and break it down into doable steps.
Start the Process:
If you are beginning to explore divorce or separation in Massachusetts, the state’s official court site is the best place to begin. The Commonwealth of Massachusetts’ divorce page includes the steps before you file, how to pick the right case type, links to forms and fees, and shows what finalizing your divorce will look like. To file for a divorce in the Commonwealth of Massachusetts you and/or your partner need to have lived in the state for one-year, or the reason the marriage ended happened in Massachusetts and you lived there as a couple.
Which divorce type:
If both spouses agree that the marriage is irrevocably broken and can reach a written separation agreement, you will file a “1A” no-fault divorce. If you are unable to obtain full agreement, a “1B” contested no-fault divorce may be the route. The court explains ‘fault divorces,’ though this type is less common, more complicated, and often more expensive. If you are filing for legal separation, Massachusetts uses a process called ‘separate support’ to address money and parenting time while spouses live apart. You can read the instructions for each path on Mass.gov.
Process for each type:
In a ‘1A No Fault Divorce’ case, you will file a joint petition, an affidavit stating the marriage has broken down, as well as other forms. For a ‘1B Contested No Fault’ case, one spouse files a complaint and serves papers to the former partner. The 1B process includes financial statements and other paperwork. Filing fees are listed in the court guides, and many filings can be submitted online through eFileMA. The site includes where to file by county and has links to the full list of Probate and Family Court divorce forms. Your case will be reviewed and, if approved, the divorce will become final after 90-120 days.
Parenting and Divorce:
If you are parenting minor children, you are required to set aside some time for coparent education. Under Probate and Family Court Standing Order 3-23 most divorce cases that involve custody or parenting time require parents to complete the court’s online course, Two Families Now. Joint 1A divorces are exceptions to the standing order, and judges can grant waivers in other types of divorce for good cause. Even if your case is an exception or you receive a waiver, the coparenting course is a helpful way to reduce conflict, practice communication skills, and set child-focused routines during this transition. You can explore the free resource library for tools you can use right away. Research shows adding in educational support like Two Families Now will help you stay focused on the best interests of your children while the legal process runs its course.
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* The information shared here is for general educational purposes and should not be taken as legal advice. Laws vary by state and situation, so we encourage you to speak with a licensed attorney about your individual case.
