Separation agreement you already have this prepared. Affidavit of irretrievable breakdown signed by the spouses. A financial statement from each spouse. Special circumstances Some people may also need to file: An Affidavit of indigency if you can't afford the fees. See Indigency for more information.
Motion for temporary orders CJD i. Fill in what you want the court to order. With this, you also need an Affidavit , where you explain what happened and when to the judge, and a Proposed Order form.
Write exactly what you want the court to order on this form. Key Actions for Step 3: Fill out your paperwork File a financial statement Apply for indigency waiver of court fees and costs. Step 4: File your paperwork and fees. Fees You'll need to pay the following fees for a 1A divorce.
Scroll left. Step 5: Attend a hearing. The divorce is finalized days after the judgment date. Judgment nisi A "judgment nisi" is the time between when a judge grants your divorce and when the divorce becomes final. Key Actions for Step 5: Attend a hearing Learn about finalizing a divorce. Open file for Get a copy of your divorce record.
Related Guides Get a no-fault 1B divorce. Get a fault divorce. Filing for child custody or parenting time in Massachusetts. Feedback Did you find what you were looking for on this webpage? Do you have anything else to tell us? Please tell us what you were looking for. Do not include sensitive information, such as Social Security or bank account numbers. Even if a single issue is not agreed upon, the divorce becomes contested. In case both spouses agree on all the terms before the divorce petition is filed, then they must file a joint divorce petition or the divorce will begin as a contested one and when the spouses reach an agreement, it will change into an uncontested divorce.
A court hearing is mandatory even in the case of an uncontested divorce as the state is regarded as a party to each marriage and should participate in every divorce in the state. The judge represents the state who should find the settlement reasonable and fair to all the parties involved and that the children are protected properly. In the case a spouse receives public assistance, the judge must protect the state and also ensure that all the parties have insurance coverage.
An uncontested divorce is usually quick. If your spouse and you agree on all the terms of the divorce, then you can handle the divorce on your own without the help of a divorce lawyer pro se. You can download the appropriate forms that are applicable to your situation from the Massachusetts court website mentioned above and fill them properly.
Taking this route will result in the lowest possible costs associated with filing a divorce in Massachusetts. The only issue with this method is the amount of time you will need to figure out what forms and processes you need to follow. Once you have completed the forms, then you can file them with the court clerk of the appropriate county with the prescribed filing fee.
They give you step-by-step instructions and walk you through the process of filling your forms and for their service, the divorce service will charge you a fee. Once your papers are completed, you can simply take a print out and file them in the appropriate courthouse with the filing fee. If your spouse and you are not able to come to an agreement on the various issues of the divorce, then your case will go to trial where it will be heard by a judge in court.
The judge will then make the decisions regarding the issues that you do not have an agreement on with your spouse such as division of property, child custody, support and visitation, spousal support, etc. The court will consider the following factors when dividing the property:. The court will decide the alimony after considering various factors such as:.
If there are children involved and the parents are not able to agree on the issues involving them, then the court will decide the custody order at its discretion. It will do all that is possible to reduce the emotional trauma of the kids and while making a decision, the court will consider all the relevant factors.
In the case that the custody of the child is contested and either spouse seeks physical or legal custody, both spouses must either individually or jointly submit the joint custody plan settling the details of the:. The court will review the custody implementation plans submitted by the couple and may accept the plan or it may issue a plan that modifies the plan submitted by the parents.
The court may also completely reject the submitted plan and issue the physical and legal custody solely to one parent. The child support guidelines of Massachusetts makes use of percentage of income formula to calculate the child support obligation of the parent who has the obligation to support the child. And, the court will award child support considering the best interests of the child.
The court may order the support, education and maintenance of a child who is less than 18 years but not 21 or older, lives with the parent and is dependent on the parent for maintenance. The court may also order the support, education and maintenance of a child who is between 21 and 23 years old, lives with the parent and is dependent on the parent for maintenance because of enrollment in an educational program which excludes the cost of education more than an undergraduate degree.
When the divorce is filed, if there are minor children from the marriage, both the parents should attend a parent education class approved by the state within 60 days after the papers have been served to the defendant. This should be available at the time of the hearing. This waiting period gives both spouses an opportunity to reconcile, file an appeal or inform the court if the other party has hidden any income or assets.
Either spouse cannot remarry until the completion of this period. In the case of an uncontested divorce, where there is a separation agreement, the judge must approve it first and this has a waiting period of an additional 30 days. Divorce is the legal process you follow to end your marriage. If you have decided to end your marriage, you may choose to file for divorce. You can file for divorce in Massachusetts if you have lived in the state for one year, or if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.
You can find information here on how to file for a divorce, what the types of divorce are, how to get a copy of your divorce record, and more. This form only gathers feedback about the website.
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