At The Law Offices of Robert P. Luber, we understand that divorce can be one of the most challenging times in your life. As a dedicated Divorce lawyer in Massachusetts and Southern New Hampshire, our firm provides compassionate and strategic legal guidance to help you navigate the complexities of property division, child custody, alimony, and more. Our firm is committed to protecting your rights and securing the best possible outcome for your future. Contact us today at (978) 224-1190 for a free consultation and take the first step toward a fresh start.
Navigating the Divorce Process in Massachusetts: What You Need to Know
Going through a divorce can feel overwhelming. The legal steps involved, emotional strain, and uncertainty about the future can leave many individuals feeling lost. In Massachusetts and New Hampshire, understanding how the divorce process works can help you prepare for what’s ahead.
Filing for Divorce
The divorce process in Massachusetts and New Hampshire often begins when one spouse files a complaint for divorce. This is the legal document that formally starts the process.
To file, you must meet the residency requirement, meaning you or your spouse must have lived in Massachusetts or New Hamsphire for at least one year before filing. If the reason for the divorce occurred within the state, you may be able to file immediately, regardless of your length of residency.
There are two primary types of divorce in Massachusetts and New Hampshire:
- No-Fault Divorce: This is the most common type of divorce. It’s based on the grounds of “irretrievable breakdown” of the marriage, meaning that the marriage has broken down and there is no hope for reconciliation. Neither party needs to prove fault.
- Fault Divorce: This type of divorce involves specific grounds, such as adultery, abuse, or abandonment. Fault divorces are less common in Massachusetts and can make the process more complicated.
Serving the Divorce Papers
Once the divorce complaint is filed, the defendant must be served with the divorce papers. After being served, the other party has 20 days to file an answer, responding to the claims made in the complaint. If they do not respond within this time frame, the court may proceed with the divorce without their input.
If both parties are in agreement about the divorce, the process may move more quickly. If not, disputes over property division, child custody, and support may lead to a longer process.
Temporary Orders and Interim Relief
If you or your spouse need immediate relief during the divorce process, such as temporary child custody, child support, or alimony, you can request temporary orders from the court. Temporary orders are meant to address urgent issues that need to be resolved while the divorce is pending. These orders are not permanent but provide a temporary solution until the final divorce agreement is reached.
For example, if there are children involved, the court may issue temporary custody and visitation orders until a final decision is made. The same applies to financial support, such as alimony or child support.
Discovery and Gathering Information
During the divorce process, both parties will engage in a process known as “discovery.” This involves gathering and exchanging information about finances, assets, debts, and other relevant factors. Discovery helps ensure that both parties have access to the information they need to make informed decisions about property division, child custody, and support.
In Massachusetts and New Hampshire, discovery can involve several steps:
- Interrogatories: Written questions that one party asks the other. The other party must respond in writing under oath.
- Requests for Production: Requests for documents, such as financial statements, tax returns, and bank account information.
- Depositions: In-person questioning of a party or witness, typically conducted by an attorney.
This process helps both parties understand each other’s financial situation and can reveal crucial information for resolving the divorce.
Negotiation and Settlement
Once all the necessary information has been exchanged, many divorces move to the negotiation stage. During this phase, both spouses and their attorneys work together to reach a settlement. A settlement can cover a variety of issues, including:
- Property Division: Dividing marital property, including homes, vehicles, savings, and retirement accounts.
- Child Custody and Visitation: Determining who will have physical and legal custody of the children and how visitation will be structured.
- Child Support and Alimony: Deciding on financial support obligations, including how much one spouse will pay to the other for support or how much child support is needed.
If both parties are able to agree on these issues, the terms of the agreement will be put in writing and submitted to the court for approval. If the court finds the agreement to be fair and reasonable, it will approve the settlement, and the divorce will be finalized.
Mediation and Alternative Dispute Resolution
If the parties are unable to reach an agreement on their own, mediation or other forms of alternative dispute resolution (ADR) may be required. Mediation involves a neutral third party who helps facilitate discussions and assists in resolving disputes. The mediator does not make decisions but helps the parties find common ground.
Mediation is often used in child custody cases and can help parents come up with a parenting plan that benefits their children. If mediation does not result in a settlement, the case may proceed to trial.
Court Hearings and Trial
If the divorce is contested and a settlement cannot be reached through negotiation or mediation, the case will go to trial. At trial, both spouses will present their evidence and arguments to a judge, who will make decisions about property division, child custody, support, and other matters.
Divorce trials in Massachusetts and New Hampshire are typically held in front of a single judge. The judge will issue a final judgment based on the evidence presented. This decision is legally binding, although appeals are possible under certain circumstances.
Finalizing the Divorce
Once all the terms have been agreed upon or determined by the court, the final divorce judgment is issued. This judgment will include all decisions regarding property division, child custody, support, and other relevant matters. The divorce is finalized when the judge signs the divorce decree, which legally ends the marriage.
In Massachusetts, there is a 90-day waiting period after the complaint is filed before the divorce can be finalized. However, the divorce process may take longer, depending on the complexity of the case and whether it’s contested.
Understanding the divorce process in Massachusetts and New Hampshire is essential for anyone going through a divorce. From filing the complaint to finalizing the judgment, each step requires careful attention to detail and a clear understanding of the law.
Need a Divorce Attorney? Contact The Law Offices of Robert P. Luber
Divorce is never easy, but having the right legal support can make all the difference. At The Law Offices of Robert P. Luber, we are dedicated to guiding clients through the divorce process with skill, compassion, and a focus on achieving the best possible outcome. Whether you need assistance with child custody, asset division, or spousal support, we are here to protect your rights every step of the way. Call (978) 224-1190 today for a free consultation.
