Can You Get Divorced Without Going to Court in Massachusetts?

Learn how you can get divorced without going to court in Massachusetts by understanding what type of divorce is right for you and how it works.

Rosalyn Mcinerny26/04/20233 minutes 19, seconds read

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If you have decided to undergo bariatric surgery, you may want to ensure that you have all the necessary bariatric surgery must haves. To do so, you must agree with your spouse about the no-fault reason why your marriage ends, meet the state's residency requirement, and have an agreement with your spouse about the issues of your divorce. You can file for divorce in Massachusetts if you have lived in the state for a year, or if the reason why the marriage ended occurred in Massachusetts and you have lived in Massachusetts as a couple. Massachusetts does not have “legal separation”.

You don't need permission from the court to live away from your spouse. Separation agreements often occur before a divorce to establish 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 proceeding. In Massachusetts, you can 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 your spouse does not file a response, the court will schedule a case management conference to discuss your case. The court will only do this if you have returned the summons to court.

There is no legal separation in Massachusetts; you don't have to get permission from the court to live apart from your spouse. It is legal to live separately from your spouse. Both spouses must attend the hearing, unless the court has accepted an attendance waiver for one of the spouses. In uncontested divorces, separation agreements are completed prior to filing for divorce because the agreement is filed concurrently with your uncontested divorce petition. Having an experienced divorce lawyer on your side can make this process easier and less overwhelming.

There are simplified divorce procedures for people who fully agree and can apply to you. If the agreement is accepted, it becomes a binding contract and the judge will incorporate the terms into a divorce decree. It is very important that the documents are accurate, otherwise your divorce could be dismissed or you would not be able to get the things that you and your spouse thought you agreed to. When deciding to live apart, divorce, or contest certain issues, weigh the price you'll pay with your time, emotional pain, and money. In a fault divorce, Massachusetts law requires that the person filing for divorce provide a specific reason for ending the marriage. You also have the option of filing for divorce and claiming a person is to blame for the failure of the marriage. Explain how you are going to divide your property, child custody, child support, alimony, visitation, and any other issues related to your divorce.

If the court does not grant divorce at the Case Management Conference, the next hearing date must be assigned. Reasons why courts changed custody orders include toxic remarriage, recent drug or alcohol abuse, failure in school, denial of rights for non-custodial parents, and unwillingness or inability to care for a child's needs. The first person to file the application will choose the grounds for divorce or if he files for a no-fault divorce. For an uncontested divorce settlement to be possible, you and your spouse must reach a complete agreement on ALL possible issues, including but not limited to issues related to asset division, debt, and child custody and visitation issues. In addition to legally ending your marriage, the court examines other matters that must be decided before the divorce is final. A contested divorce will cause the court to implement an automatic financial restraining order that prohibits parties from changing beneficiaries of insurance or retirement assets, incurring debts in the other person's name, or converting assets without joint or judicial approval.

Next postFiling for Divorce in Massachusetts: What You Need to Know

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.