Steps for Getting an Uncontested Divorce in Massachusetts
When I start divorce mediation consultations most clients explain how they need help understanding the complex divorce process in Massachusetts. Many feel like they do not know much about it, often saying, We need guidance because we don’t know what we don’t know!
Steps for Getting an Uncontested Divorce in Massachusetts
1. Ensure you Meet Residency Requirements
Either one spouse has lived in Massachusetts for a year, or the cause of the divorce happened in Massachusetts while the couple was residing there, and one spouse is still living in the state at the time of filing.
2. Understand the Grounds for Divorce
Massachusetts offers both “no-fault” and “fault-based” divorce options. A “no-fault” divorce means that neither spouse is to blame for the end of the marriage, while a “fault-based” divorce involves alleging wrongdoing, such as adultery or cruelty. 1A divorces are “no-fault” based on an “irretrievable breakdown of the marriage.”
3. Understand “1A” and “1B” Paths of Getting a Divorce in Massachusetts
There are two ways of filing for divorce:
- A 1A divorce is an uncontested divorce. The “filing for divorce” happens at the end of the divorce negotiation. The filing involves submitting divorce paperwork to the Probate and Family Court to request a hearing for a judge to review (and hopefully approve!) the divorce agreement.
- A 1B divorce is a contested divorce, which initiates the legal divorce process and involves the court system prior to coming to a full agreement. In contrast to a 1A divorce, a 1B divorce may involve more time, attorney involvement, and court intervention. You can still mediate if one spouse has filed a 1B divorce.
4. Determine Who is Part of Your Divorce Team
Decide how you want to be guided in your divorce process. Options include:
- Hiring a divorce mediator to facilitate the divorce
- Retain divorce attorneys to negotiate on your behalf or serve as consultants to you during mediation
- Participate in a Collaborative Divorce process
- Navigate divorce yourself. A do-it-yourself is not advisable except in the shortest term marriages without children or significant assets.
There may be other professionals that might help provide the advice you need to inform your decisions, such as a certified divorce financial analyst, a mediation-friendly divorce attorney as a consultant, a certified divorce lending professional, a CPA, and a divorce coach, among others.
5. Collect Necessary Documents
Gather important documents related to your marriage, finances, and assets. These may include:
- Marriage certificate
- Financial statements and tax returns
- Property records
- Information about your children (if applicable)
6. Complete Financial Statements
Both you and your spouse will be required to complete financial statements, which outline your income, expenses, assets, and liabilities. This information will help in determining property division, alimony, and child support.
7. Negotiate, Make Decisions, and Draft a Separation Agreement
In a joint petition for divorce (1A) settlement most typically occurs through divorce mediation, attorney negotiation, or Collaborative Law. The formal settlement agreement is called a Separation Agreement. The Separation Agreement will address property division, spousal support, insurance, taxes, and for parents, a parenting plan and child support. A joint petition for divorce empowers spouses to make decisions they believe are fair, reasonable, and equitable, while having the maximal control over their decision-making.
8. For 1A Divorces, File for Divorce
Filing a 1A divorce involves submitting a lot of paperwork to the court, a filing fee of $215, and a marriage license. This is an example of a filing checklist of documents required to file a 1A divorce in Massachusetts.
9. Attend a Court Hearing
If your filing is accepted (the court can reject filings if there are mistakes) a hearing will be scheduled a couple of months from the date of filing. The judge will have reviewed your Separation Agreement and financial statements. You will take the oath that you will tell the truth and then be asked a series of standard questions by the judge, as well as some specific questions related to your circumstances. If all goes well the judge will approve your agreement. The judge may reject parts of your agreement and ask you to make some changes. You can make changes that same day and be heard by the judge again. If that is not possible, a follow-up hearing will be scheduled to review your updated agreement.
10. Divorce Waiting Period
In a 1A divorce once the agreement is approved the judgment will be issued in 30 days (theoretically you could withdraw the divorce in those 30 day). At the 30 day mark you enter the Nisi period which is an additional 90 day waiting period until Divorce Absolute, which is when the divorce is legally finalized (total of 120 days).
Knowing that you don’t know what you don’t know…
It is the mediator’s responsibility to make sure you are fully informed about the divorce process. Clients sometimes lead with “this might be a dumb question” and let me assure you: there is no dumb question. The court process is complicated and confusing and the mediator will provide support and education to be sure you are fully informed about the process.
If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.
