Divorce in Massachusetts: How Long Do You Need to Be Separated Before Filing?

Learn about filing for divorce in Massachusetts after separating from your spouse. Find out how long you need to be separated before filing and what type of divorces are available.

Rosalyn Mcinerny26/04/20231 minute 59, seconds read

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The 1-year residency requirement to obtain a divorce in Massachusetts means that you must have real and continuous residence in the Commonwealth for twelve months immediately before filing for divorce. There is no such thing as “legal separation” in the state, so you don't need permission from the court to live away from your spouse. However, it is recommended that couples create a separation agreement before filing for divorce. This agreement should outline the terms of child custody, the division of debts and property, and what to do with the family home.

It will also make it easier to finalize your divorce, as those terms will be favored during the proceedings. If you and your spouse have agreed to divorce and have been living apart for at least 18 months, getting divorced should be relatively simple. You can file for a no-fault divorce, which does not require any proof of wrongdoing on either party's part. Alternatively, you can file for a fault-based divorce if you can prove that your spouse was responsible for ending the marriage.

Examples of fault divorces include desertion, adultery, cruelty, and conviction of a crime. To file for a fault-based divorce, you must still wait for a 12-month separation before filing through the Superior Court closest to you. To file for an uncontested divorce in Massachusetts, you must agree with your spouse about the no-fault reason why your marriage is ending, meet the state's residency requirement, and have an agreement with your spouse about the issues of your divorce. Massachusetts does not have an official form for the settlement, but many online divorce services will provide you with this document, based on the information you provided.

Here is an overview of the process of filing for divorce in Massachusetts, including how to qualify for a 1A divorce, file your paperwork, and get your final divorce. There is no need for a trial and the process is simpler, faster and less expensive than a contested divorce. The court does not oversee or regulate separations from trial, so if either party decides to end the separation early or stop following the terms, the other party usually doesn't have much recourse (except file for divorce). When you file your application for separate support, you must be a resident of the state, live separately from your spouse, and provide a legal reason or grounds for your request.

Next postWhat Happens After Divorce Papers Are Filed in Massachusetts?

Rosalyn Mcinerny

Rosalyn McInerny was born on a crisp autumn day in 1979, in the picturesque town of Daly City, California. Raised in a close-knit family, she learned early on the values of empathy, compassion, and perseverance. Her parents, both teachers, instilled in her the importance of education and the power of knowledge.

Rosalyn's academic journey began at a young age when she displayed an exceptional aptitude for learning. Her passion for studying human behavior and societal dynamics led her to excel in high school. In 1997, she earned a scholarship to attend Princeton University, where she majored in Psychology and minored in Sociology.

During her time at Princeton, Rosalyn became known for her dedication to helping others. She volunteered at the campus counseling center, providing support to students facing emotional challenges. It was during this time that she first glimpsed her future calling in the field of family law.

In 2001, Rosalyn graduated with honors, armed with a profound understanding of human relationships and a desire to make a meaningful impact on people's lives. She decided to pursue a career in law, a path that would enable her to use her knowledge and empathy to assist those navigating the complex and emotionally charged world of divorce.

After completing law school and passing the bar exam, Rosalyn quickly established herself as a rising star in the field of family law. Her deep understanding of human behavior and her empathetic approach to clients set her apart from her peers. In 2007, she joined Daly City Divorce Lawyers, a prestigious law firm specializing in divorce cases.

Rosalyn's passion for helping women going through divorce became her life's mission. She dedicated countless hours to understanding the unique challenges women face during this tumultuous period. Her dedication led her to write two influential books on the subject, "Unveiling Strength: A Woman's Guide to Divorce" and "Breaking Free:Empowering Women in Divorce."

Outside of her career, Rosalyn is a loving wife and devoted mother of two. She believes in the importance of a strong support system and encourages her clients to lean on their loved ones during challenging times.

As a partner at Daly City Divorce Lawyers, Rosalyn McInerny continues to make a difference in the lives of women seeking guidance through the difficult process of divorce. Her dedication, empathy, and unwavering commitment to her clients have earned her a reputation as a compassionate and knowledgeable advocate.

Rosalyn McInerny's story is one of resilience and compassion. She is a shining example of how one person's determination and empathy can positively impact the lives of countless others, helping them find strength and hope in the face of adversity.