Massachusetts Divorce Laws - Process

Divorce is the legal process by which the Court terminates your civil marriage. In Massachusetts, most complaints for divorce are filed as an irretrievable break down of the marriage. There are two ways to file for divorce in this manner: (1.) Uncontested or (2.) Contested.

Uncontested Divorce: Both parties have agreed to all of the terms of the divorce. Both parties have agreed on issues such as child custody, visitation, alimony, and division of their assets and debts.
Contested Divorce: One party does not agree with the divorce or with the proposed terms of the divorce.

In order to begin an action for contested divorce, the attorney will draft a Complaint for Divorce. The attorney then files a complaint with the Court and serves the summons and complaint upon your spouse. This document notifies your spouse that you want to end your marriage and also propositions what you are asking for, such as child custody, visitation, alimony, and property division.

Once the complaint is served, your spouse has 20 days to file a response with the Court and serve that response upon your attorney. Once the Complaint has been served, parties may go into Court and schedule a hearing date for Temporary orders.

Temporary orders establish the rules while the divorce is pending. Temporary orders determine child custody, child support, visitation, who stays in the marital house, and who pays the bills while the divorce is pending. It is in both spouses' interest to agree upon reasonable arrangements while the case is pending.

All parties to a divorce action in which there are minor children are ordered by the Court to attend an approved Parent Education Program. This Parent Education Program is mandatory unless waived by the Court. A Parent Education Program allows both spouses to be knowledgeable with understanding the effect of divorce on children. The Court will not hold a pre-trial conference until it receives a certificate from an approved program from each party in the divorce action.

Once the Complaint for Divorce is filed with the Court, parties may engage in discovery. Discovery is the process by which both spouses obtain information from the other about the pending divorce. This procedure may be a simple and quick process or a long drawn out process, where you will most likely be expanding time and money depending on the facts and complexity of the case. Many factors govern the length of the discovery process. Every situation is different as facts vary from case to case.

Once discovery is completed and a "four-way" is held, a pre-trial conference will be scheduled with the judge to determine whether the matter can be resolved. If your case cannot be settled by agreement, a trial date will be scheduled.

At trial both spouses through their attorneys get the chance to tell their side of the story to the judge through their testimony, the testimony of other witnesses, and documents. Trial can be expensive and unpleasant. A trial is the only alternative when you and your spouse cannot come to an agreement. The outcome of a trial can be uncertain as a judge will make a determination from the evidence presented and impose upon you and your spouse regulations concerning extremely personal issues such as child custody, property and debt division.

It is impossible to predict the cost of a divorce as every case is different. The above information is provided for information only is only the tip of the iceberg.

The lawyers at Couturier Law, P.C, provide sound advice during this very emotional process and sometimes traumatic process. Whether you are considering a divorce or merely gathering information about a possible future divorce, the lawyers at Law Office of Aurelie M. Couturier, P.C., can help. We represent clients in a full range of family law matters, including:

International Prenuptial Agreements;
Child Custody;
Child Support;
Divorce;
Domestic violence, including criminal defense;
Modifications;
Contempt and enforcement proceedings.
To consult with a lawyer about your Massachusetts Divorce or if you have other other MA divorce law or family law questions, please contact us at (508) 559-2240. We will be happy to schedule an appointment for an initial consultation.
We service clients in all matters in Attleboro, Boston, Brockton, Cambridge, Chelsea, Dorchester, Fall River, Hingham, Lawrence, Lynn, New Bedford, Plymouth, Quincy, Roxbury, Salem, Stoughton, Taunton, West Roxbury, Wareham, Worcester, and Wrentham, to only name a few Courts.
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THE MATERIALS CONTAINED ON THIS WEB-SITE HAVE BEEN PREPARED BY Law Office of Aurelie M. Couturier, P.C., AND ARE FOR INFORMATIONAL PURPOSES ONLY. THESE MATERIALS ARE NOT TO BE CONSTRUED AS LEGAL ADVICE. READERS SHOULD CONSULT THE ADVICE OF COMPETENT COUNSEL.