If you have decided to end your marriage, you may be wondering what the fastest way to get divorced in Massachusetts is. Uncontested divorces are by far the quickest way to obtain a divorce, as they involve filing a joint complaint as well as a full separation agreement. Divorce Aid Legal can help you with this process and can finalize it within 90 to 120 days, depending on whether there is a separation agreement involved. Contested divorces, on the other hand, involve one party filing for divorce and submitting the complaint to the other party. The Massachusetts Probate and Family Court has issued a standing order that estimates the duration of a contested divorce to be 14 months.
However, this process may still take longer, depending on what disputes are involved with a divorce and how busy the court system is. In order to file for divorce in Massachusetts, you must have lived in the state for at least one year or the reason why the marriage ended must have occurred in Massachusetts and you must have lived in Massachusetts as a couple. You can file for divorce in the Probate and Family Court in the county where you live or in the county where your spouse lives. If your spouse still lives in the county where you last lived together, you must file for divorce in that county.
You may also choose to use divorce mediation instead of a court hearing to end your marriage. Mediation is completely voluntary and the mediator's decision is not binding. However, it's a good way to create a separation agreement that can then be used to file a “1A” divorce without a lawyer. If both parties reach an agreement during the six-month waiting period, the divorce can be changed to uncontested so that the hearing process can be established without going through the entire six-month period.
If either of these things is true, you can file for divorce in Massachusetts, even if your spouse lives in another state or doesn't know where you live. It is recommended that you choose a no-fault divorce, unless you have strong evidence of any grounds for fault and prevailing yields considerable advantages for you. Hiring a lawyer means having the necessary protection when two parties disagree about their separation. 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. When someone files for divorce in Massachusetts because of irreconcilable differences, the defendant cannot object to the divorce. You may receive a separate court order that makes your name change official or that your name change is recorded in the final divorce decree. So, if you are looking for ways to get divorced quickly in Massachusetts, an uncontested divorce is your best option.
It's important to talk about this with a lawyer and get answers to your questions through other sources such as family law attorneys, your county court, friends and family who have been through a divorce, and online resources.