How do I get a Divorce?

You can get a divorce in Massachusetts by either filing a joint uncontested divorce along with your spouse or filing a contested divorce on your own.  To be able to file for an uncontested divorce, you and your spouse will need to enter into a separation agreement which describes in detail how the children will be raised going forward; whether one spouse will financially support the other going forward; and how you will divide your property, financial accounts, and debts.  We can help you negotiate the terms of the separation agreement, complete the rest of the requirements of the uncontested divorce packet, and file the uncontested divorce petition.

If you are unable to agree with your spouse on some or all of the issues required for an uncontested divorce, then you will have to file for a contested divorce.  In a contested divorce, you file a complaint with the Court, go through a period called discovery where you exchange information and documents with your spouse, attend hearings in Court where the Judge decides temporary issues and questions before the trial, and attend the trial where the Judge will decide all the remaining issues.

The main thing that will affect our advice for you to either file an uncontested or contested divorce is whether you clearly understand your spouse’s finances and whether they are being reasonable in negotiations.