Filing for Divorce in Massachusetts: What You Need to Know

When it comes to filing for divorce in Massachusetts, it doesn't matter who files first. Learn more about what is involved with filing for divorce in Massachusetts.

Filing for Divorce in Massachusetts: What You Need to Know

When it comes to filing for divorce in Massachusetts, it doesn't matter who files first. Judges in the state's Probate and Family Courts don't take into account who files first, or why they are filing for divorce. Anyone who wants to divorce in Massachusetts has the right to do so, regardless of the reason. In fact, recent discussions about divorce reform in Massachusetts have highlighted the importance of ensuring equal treatment for all parties involved, regardless of who initiates the divorce proceedings. In Massachusetts, filing first shouldn't make a difference to the outcome of a divorce case.

A female judge will take into account all the facts and circumstances in order to reach her decision on various issues. The mere fact that the “petitioner” (the person applying first) is able to speak first during the proceedings is not likely to prejudice the conclusions and judgments of an experienced judge. You don't have to file for divorce in the same state in which you were married. In Massachusetts, the party filing for divorce must have lived here for a year.

You can apply in the county where you live or where you and your spouse last lived together. 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. When you file first, you also prevent your spouse from hiding assets. Massachusetts is one of the states that includes an automatic temporary restraining order (ATRO) when divorce papers are served.

This prevents both spouses from selling or transferring the other spouse's insurance, borrowing against their shared property, modifying a policy beneficiaries, or destroying assets. In some cases, financially controlled spouses spend money or move it before applying, as a result, when the divorce occurs, their dependent spouse has to spend time proving their actual financial situation or they have to receive less temporary support during the divorce process. If you think your marriage is coming to an end, talk to a Massachusetts divorce lawyer to discuss your particular situation. An attorney fee compensation may also be included in the final divorce order if you believe that your spouse acted in bad faith during the proceedings. When preparing your divorce forms, you can choose to restore your former name or request a court order to change names. Most couples find that they can get through the divorce process without opposition in Massachusetts without hiring a lawyer. It can sometimes be difficult to obtain copies of these documents once divorce proceedings have begun, especially if the spouses are not in a cordial condition. If you do not want to have recourse to a lawyer, it is in your best interest to file an unopposed divorce in which you both agree on all the terms.

Cooperation between spouses makes the process easier and less costly, but the bottom line is that one spouse will not be able to prevent another spouse from getting divorced. Whether you have been served divorce papers or you are considering filing them first, you may want to speak with an experienced divorce attorney in Massachusetts. After you file for divorce, the next steps will depend on whether you are challenged or not contested, as well as whether you have minor children. When you have filed a contested 1B divorce petition in Massachusetts, you must give your spouse the divorce papers, along with a subpoena. And if you have an agreement but don't have the time or other resources to track and complete all divorce forms, you can use an online divorce service that will basically guide you through the process and provide you with the complete paperwork. This means that the entire process, including negotiations to create a Separation Agreement, usually takes between 7 and 8 months for an uncontested divorce.

Rosalyn Mcinerny
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.