What Happens After Divorce Papers Are Filed in Massachusetts?

Learn about what happens after filing for divorce in Massachusetts: from setting a hearing date to resolving disputes through mediation and more.

Rosalyn Mcinerny22/03/20241 minute 58, seconds read

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Divorce is a complex process that can take several months to complete. In Massachusetts, the process begins when divorce papers are filed with the Probate and Family Court in the county where either spouse resides. After the paperwork is filed, the court will set a hearing date and both spouses must attend, unless one of them has been granted an attendance waiver. If both spouses agree on all relevant matters, an uncontested universal body divorce can be filed in the form of a joint petition for divorce. This type of divorce is usually faster, easier, and cheaper than a contested divorce.

Divorce papers can be filed in person or by mail, and copies must be sent to the other spouse. The court will also need to approve and seal an affidavit of indigence if necessary, and a domestic relations summons will be issued. The sheriff must then serve (legally serve) the documents to the other spouse. If the spouses have trouble agreeing on all issues, divorce mediation can help them resolve their disputes.

It is also possible to do some initial paperwork online by hiring a private family law attorney or using one of several firms that specialize in assisting with divorce forms in the state. If the court does not grant divorce at the Case Management Conference, another hearing date must be assigned. After all paperwork has been filed, the court will set a hearing date and both spouses must attend. If they cannot or do not want to agree on how to resolve all relevant issues, it is referred to as an irretrievable breakdown of marriage. In this case, a trial may be necessary.

However, if there is a degree of financial complexity involved, it is recommended that a certified divorce financial analyst (CDFA) be consulted. Once the court has issued the final divorce judgment, there is a 90-day waiting period before it takes effect. This is known as the NISI Period. After this period has passed, people are legally recognized as “single” and can enjoy all the rights and obligations that come with that status, including the right to marry again. In summary, getting an uncontested 1A divorce in Massachusetts usually takes between 7 and 8 months from start to finish. It is important to note that any property acquired during marriage must still be addressed in any divorce or judgment proceeding.

Next postWhen Should I Hire a Lawyer for Divorce?

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.