Getting divorced in Massachusetts can be a relatively quick process, depending on the circumstances. An uncontested divorce can be finalized within 90 to 120 days, while a contested divorce may take up to 14 months. There are simplified divorce procedures for couples who agree on all terms, and the court may waive the attendance of one spouse at the hearing for extended reach. To file for divorce in Massachusetts, you must have lived in the state for at least one year or the reason for the marriage ending must have occurred in Massachusetts. You can find more information on filing for divorce, types of divorce, getting a copy of your divorce record and more.
Divorce cases can reach a conclusion quickly or may take a long time to complete. With the burden of cases that judges have on their plate, family law trials are usually set six to nine months after the pre-trial conference hearing, assuming that all discovery has been made and the case is ready for trial. The pre-trial conference hearing is usually not set until about nine months after a divorce complaint is filed. Therefore, even in the fastest of circumstances, a family law (divorce) litigator will generally not see a trial to settle your case until more than a year after the initial complaint is filed. Under Massachusetts law, you have the right to represent yourself in all legal cases, including divorce.
There is no need for a trial and the process is simpler, faster and less expensive than a contested 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. If your spouse has been convicted of a felony or misdemeanor with a sentence of at least 18 months, you can file for divorce. For contested divorces, hiring a lawyer means having the necessary protection when two parties disagree about their separation. If your spouse does not respond, the court will proceed with the divorce as long as the notice of the proceedings has been successfully completed.
In Massachusetts, neither cunnilingus nor fellatio, which the law defines as sodomy, is grounds for divorce and, in general, neither is considered adultery. It's very important to find out if your spouse has a pension, retirement account, insurance or other important assets before deciding whether to file your own divorce. Sometimes it is not a separate contract but until the judge approves it, it becomes part of the divorce decree (this is called a separation agreement that has been “merged with the divorce decree”).