The timeline for your divorce is going to depend on your unique circumstances. If you and your spouse are able to agree on issues such as child custody and division of assets and liabilities, your divorce will move faster. If the parties agree on most of the issues, mediation is another great way to speed […]
FAQs Category: Divorce Process
A common law marriage occurs when a couple lives together for a certain number of years (one year in most states), holds themselves out as a married couple, and intends to be married. Massachusetts does not recognize common law marriage and, therefore, will not grant an annulment or a divorce because the parties were never […]
As long as one party wants the divorce, Massachusetts will allow divorce on the grounds of irreconcilable differences. Because of this legal provision, it is procedurally not possible for one party to prevent the divorce from eventually occurring – even without cooperation or participation from the other spouse. If it is a contested divorce situation, […]
Your spouse does not need to live in Massachusetts in order for you to get a divorce. As long as you have lived in Massachusetts for one year the residency requirements are met to file a divorce. If you are filing a 1A uncontested divorce petition, often we can coordinate directly with that person and […]
Usually not. Since mediation, conciliation and other types of alternative resolution have become widely used, very few divorce cases go to trial. The overwhelming majority of divorce cases in Massachusetts are resolved through these methods or between the parties with the assistance of counsel. Occasionally, the parties agree without outside help to settle their disputes. […]
Yes, even uncontested divorce cases require a court hearing. If you are facing a serious hardship and absolutely have no way of appearing, you can file a motion requesting a waiver of attendance or a motion to appear via Zoom. This can be facilitated further if you have an attorney to appear on your behalf. […]
Yes, even uncontested divorce cases require a court hearing. Although you will have to appear before the judge, your uncontested hearing will not take much time, and the inconvenience will be minimal.
Yes, the majority of divorce records (also referred to as divorce case files and/or judgments) are considered public information. There are two exceptions: 1. any financial information contained in the more recent records is made available only to the parties of the case named or to their attorney, and 2. A small percentage of divorce […]
Yes. You may ask the Court to take back your former name at the time of the divorce, and the Court will give you permission to do that and will incorporate that into the judgment. It is important to make this request at the time of the divorce. Otherwise, you must file a name change […]
If you and your spouse reconcile after the divorce process has begun, a joint motion to dismiss can be filed by both parties, and the divorce case will be dismissed without prejudice. This means that if either or both parties want to re-file at any time after the dismissal is entered, they are free to […]