Uncontested and Contested Divorce in Massachusetts

If you’re considering filing for divorce in Massachusetts, make sure you understand the two types of dissolutions available to you. Uncontested Massachusetts Divorce In an uncontested divorce (sometimes referred to as 1A) you and your spouse file a joint petition for divorce along with a separation agreement. The separation agreement, usually drafted with the assistance of an attorney, reviews the equitable division of property, assets, debt, businesses, and inheritances, and clarifies issues surrounding child custody and support. Additionally, where there are minor children involved, the parents must attend a parenting class. The court may request other documents as well. These may include a financial statement, the marriage certificate, and written statements about the reason for dissolution. Once the paperwork is complete, both parties appear before a judge. At this meeting, the judge will ask questions concerning the documents. As long as there are no problems, the judge will order the
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Want to get divorced but my husband will not sign the papers.

Additional Information: I am filing for divorce from my husband. How long will it take to get the divorce if he is refusing to sign the papers? My husband left me December 2011. We have no assets together, we rent a house in Framingham. We’ve been married for 19 years with two children ages 17 and 15. ATTORNEY ANSWER: I am sorry that you are going through this, the fact that he is refusing to cooperate will slow down the process, but he cannot permanently stop it. The more you can get him to cooperate the faster it will be. You will be helped by retaining a local attorney. That is one way of streamlining and helping you through the process as fast as possible. Take care and I hope that things work out.
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How much will my divorce cost?

There is a fee to file a divorce in Massachusetts, and to get a summons. As of 2004, the filing fee is $200.00, plus a $15.00 surcharge, and a summons costs $1.00. Notifying your spouse, called service of process, can cost around $30.00 or more if he/she lives far away. Attorney fees will vary and you will need to discuss these fees with the divorce attorney you select. If you’re considering divorce, contact our firm to schedule a initial consultation to learn your options.
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How do I start the divorce process?

You file the Complaint for Divorce and other documents at the court. If there is an Affidavit of Indigency, the clerk will approve it and stamp it, and give you a copy. You will also get a Domestic Relations Summons. Arrange for the sheriff to give a copy of the complaint to the spouse. When the sheriff does this, it is called “service of process,” meaning that the sheriff has served the papers to the spouse. Before trial, either party may request that the court make temporary orders, for example concerning custody, child support, or visitation. Either party must request a pre-trial conference, and then there is a final hearing, the trial. It is important to consult with an experienced Massachusetts divorce attorney. Call us for to schedule a consultation.
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What are the requirements for filing a divorce in Massachusetts?

You may file for divorce in Massachusetts if:    you have lived here for a year, or  the conduct that is the reason for divorce occurred in Massachusetts and you lived as a married couple in Massachusetts, regardless of where your spouse now lives, or even if his/her address is unknown.  You file a divorce in the Massachusetts Probate and Family Court in the county where you and your spouse last lived together if either of you still lives in that county. If neither of you lives in the county where you last lived together, you may file in the county where you live, or you may file in the county where your spouse lives. If you have questions about filing for divorce in Massachusetts, contact Attorney Howard Lewis.
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Getting Divorced in Massachusetts

Our total marital estate is about 2.5 million which includes one house in Needham with no mortgage and Westport home with 100k on the mortgage, absent that, no debt- what should I expect the max a divorce will cost with an divorce lawyer on both sides? A divorce attorney who will not throw fuel on the fire or create discovery unnecessarily nor be combative or aggressive without cause, if you can find two of those, the divorce in total can cost as little as $3000.00 if it is mostly collaborative to $15,0000.00 if there is a bit of contention. However if either of you finds one of the angry type lawyers who take out their own personal agenda on cases and make sure to bill bill bill, you each can pay 50k and up. Do your homework, don’t pay for a consult, don’t abuse the lawyers time during the consult
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Does it matter who files a divorce first me or my husband?

I was told by another divorce attorney in Newton to let him file first. This is a matter of strategy and personal opinion, however if the divorce is contentious and you need temporary orders for child support or spousal support (alimony) then you should file first. Also and I think very important you get to speak first in court if your motions are first and you can set the pace and the tone of the process. You can take back control of your life if it has been stalled and you can regain control of your future. I like filing first if we are going to court. Take care and good luck. The Newton divorce lawyers at our firm serve the Boston, Massachusetts, area from offices in downtown Boston, and the Boston Metrowest offices in Framingham and Dover. Our clients come to us from communities such as Acton, Arlington, Ashland,
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I feel stuck and don’t know where to file for divorce, in Massachusetts or NH?

I was married in Wellesley Ma, that is where I grew up and where my mom and dad live, I then moved to NH to live with my new husband for about 6 weeks, but he changed and it didn’t work out, I moved back home to Wellesley and then we went to marriage counseling in Boston, during that time, he got worse and physically abusive, so i knew we were done, i never went back to NH and want to file for a divorce. Can I file here in Ma, I was never a citizen of NH. Tough question because of the jurisdictional and residency requirements. It sounds like you really didn’t establish residency in NH yet because you hadn’t lived there for 6 months and you were married in Ma. However you last lived together as husband and wife in NH. I will have to defer to my
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