Divorce in Massachusetts: Separated Duration Requirement
Ever wondered how long it takes to get divorced in Massachusetts? Our experienced divorce lawyers at TheBostonDivorceLawyer can help answer that question for you. Find out the specific guidelines for separation before divorce in our latest article.
As indicated in Massachusetts state law, couples must be separated for a minimum of six months before filing for divorce. This requirement is outlined in Chapter 208, Section 1A of the Massachusetts General Laws.
Legal requirements
If you think about it, in Massachusetts, couples need to be separated for at least one year before they can file for divorce. This means they must live apart and have no sexual relations during that time.
While separated, they can discuss how to divide their property, handle child custody, and arrange support. Doing this can make the divorce process easier and less stressful.
Let me explain, the one-year separation is just one requirement for divorce in Massachusetts. Others include living in the state, having valid reasons for divorce, and sharing financial information.
It’s important to follow these rules to make sure the divorce process goes smoothly. Not meeting the requirements can cause delays or problems.
Separation period
So to speak, this time apart is called a no-fault divorce waiting period, usually lasting at least six months. During this period, the couple must live separately, meaning they cannot share a home or have marital relations.
The waiting period gives the couple time to think about their decision to divorce and possibly resolve any issues in their marriage. It also allows the court to make sure the couple really can’t work things out before approving the divorce.
The waiting period can vary based on the situation. It seems that, for instance, if the couple has children, the court might extend the separation period to make sure the children’s best interests are considered.
Couples can also agree on a legal separation during this time, covering child custody, support, asset division, and spousal support. This agreement can make the divorce process smoother once the waiting period ends.
Filing for divorce
In other words, this means living apart and not having marital relations. The separation period is very important because it gives both parties time to decide if divorce is the right choice. During this time, the couple can also start dividing their assets and debts and figuring out child custody plans.
The 90-day waiting period aims to give both parties a chance to reconsider their decision and possibly reconcile, though reconciliation is not mandatory. If the couple has been separated for less than 90 days, the court might dismiss the divorce request. Frankly, after 90 days, either spouse can file a Complaint for Divorce at the probate and family court in their county. The spouse who files for divorce must give the other spouse a copy of the complaint and a summons, starting the legal process.
Once filed, the court will set a hearing where both parties can present their case. If the court finds that the marriage is beyond repair and all issues like asset division, child custody, and support are settled, it will grant a divorce.
Keep in mind, divorce procedures can vary based on individual circumstances. Seeking legal advice is recommended to make sure the process is completed correctly and fairly.
Residency requirements
Believe it or not, to file for divorce in Massachusetts, you or your spouse must have lived in the state for at least six months. Once you meet this rule, you can file in the county where either of you lives.
After filing, there’s a mandatory waiting period. In Massachusetts, you have to wait at least 120 days from the date you filed the original papers before the divorce is finalized. This waiting time allows both parties to sort out matters like property division, child custody, and spousal support.
Keeping it real, besides the residency and waiting periods, Massachusetts also has a separation rule for certain divorces. If you’re filing for a no-fault divorce because of irreconcilable differences, you and your spouse need to have lived apart for at least six months before filing. This rule doesn’t apply to divorces based on faults like adultery or abusive behavior.
Court process
So to speak, after you file for divorce, your spouse has to be given a copy of the complaint and usually has 20-30 days to respond.
Next, both of you need to share your financial information and try to agree on issues like dividing property, child custody, and spousal support. If you reach an agreement, you can submit it to the court for approval.
If you can’t agree, the case will go to trial, where a judge will decide on the unresolved issues. This court process can be lengthy and might include multiple court appearances, hearings, and negotiations between you and your lawyers.
As far as I’m concerned, in Massachusetts, you must be separated for at least six months before filing for a no-fault divorce. This is to allow time for reflection and to make sure the decision to divorce isn’t rushed. However, the entire divorce process can take longer than six months, depending on how complicated the issues are and the court’s schedule.
My Concluding Remarks
Using previous discussions, in Massachusetts, couples must be separated for at least six months before filing for divorce.
What TheBostonDivorceLawyers is advocating for is, during this time, it is important to address legal and financial matters, such as property division and child custody, to ensure a smoother divorce process. Ultimately, respecting the separation period can lead to a more amicable and efficient resolution.
