How do I start a divorce process?

In Massachusetts, if you are considering filing for divorce, the first step in the divorce process is to make sure you meet the residency requirements. To file for divorce in Massachusetts, at least one spouse must have lived in Massachusetts for at least one year prior to filing for divorce. The next step is to file a complaint for divorce. This is done by filing a “Complaint for Divorce” with the court in the county where the spouse who filed lives. This document states the grounds for the divorce, which can include fault and no-fault grounds. If both parties agree on the grounds, then the complaint can be filed as an “uncontested” divorce. Once the Complaint for Divorce is filed, the other spouse (Respondent) must be given notice that the Complaint for Divorce has been filed. The Respondent then has twenty days to respond. The parties may then enter into a written agreement to resolve any issues between them, such as division of property or child custody. If they do not come to an agreement, then court proceedings will be necessary. In order to obtain a divorce in Massachusetts, one must go through a process known as “discovery”. This is when each side in the divorce makes requests for information or documents from each other in order to be prepared for court. Finally, the parties can go to trial and a judge or jury will decide the divorce issues. In order to start a divorce process in Massachusetts, the first step is to make sure you meet the residency requirements. Then, you must file a Complaint for Divorce and give the other spouse notice. After this is done, the parties can enter into an agreement to resolve any issues or go through discovery and trial if they cannot reach an agreement.

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