1. Meet Residency Requirements
You must have lived in Massachusetts for at least one year, or the cause of the divorce must have occurred in Massachusetts while you both lived there.
2. Choose the Type of Divorce
Uncontested (1A): Both spouses agree on all terms.
Contested (1B): Disagreements exist on issues like custody or property.
3. Obtain or prepare documents for the divorce. In all divorces you will need a certified copy of your marriage certificate. If there are children you need an affidavit disclosing prior or pending actions of custody of children. If it is an uncontested divorce (1A) you need a joint petition for divorce, a separation agreement, an affidavit of irretreivable breakdown of marriage and financial statements for both parties. If it is a contested divorce (1B) you need a complaint for a divorce.
4. File the correct papers with the Probate and Family Court and pay the filing fee.
5. Serve the Papers (if contested)
A sheriff or constable must deliver the divorce papers to your spouse.
If it is an uncontested divorce the court will schedule a hearing date. If it is a contested divorce there are other actions that have to be taken and optional actions that can be taken. The specific actions will vary depending on the facts of your case. A divorce lawyer can explain the mandatory actions that have to be taken, prohibited actions that can’t be done, and develop a strategy for proceeding with the case.
