A great question, and one that often goes unanswered by a busy attorney’s office focused on the daily grind. It is my belief, and position, that all of my clients are entitled to rapid and clear answers to their questions whenever possible. So, assuming you might be in such a position, or are considering filing for divorce in Massachusetts, here is what you need to know…

What Type of Divorce Have You Filed?

In Massachusetts, most divorces will be filed as either a 1A divorce or a 1B divorce. The type filed makes all the difference in the amount of time that the divorce will take to progress through the Massachusetts court system.

1A Divorce

For a typical 1A divorce filed in Massachusetts, the petition that is filed is a joint petition which demonstrates for the court that the parties are in agreement as to the fact that the marriage has irretrievably broke down, in other words, the marriage is beyond repair – both parties know it, and both parties want a divorce as a result. Additionally, in a 1A divorce, the parties are both coming to the court with a completed Separation Agreement in hand. Once the parties attend a hearing before the court, the separation agreement ins approved and the divorce is finalized, and the parties are essentially relieved from any further marital obligations other than those outlined in the Separation Agreement. The whole process can take as little as two to three months.

1B Divorce

Things get a bit more complicated when one party files for a contested divorce under section 1B of the Massachusetts divorce laws. A section 1B divorce occurs when one party to the marriage wants a divorce on the grounds of irretrievable breakdown of the marriage and the other party is either indifferent or opposed to the divorce. Filing a complaint for divorce under section 1B requires each party to jump through a greater number of hoops, each party must submit the following:
                A financial statement outlining all assets, liabilities, and income.
                A certified copy of the marriage certificate.
                An Affidavit disclosing child care and custody proceedings.
                A certificate from an approved parenting class.
                A Military affidavit (even if the party has not been in the military)

The Pretrial Hearing

There are a number of formalities that must be satisfied by parties standing before the court. In most pretrial hearings, either party can expect to be asked the following questions:

                What is your name and where do you reside?
                Who are you married to, and where and when were you both married?
                Where and when did you live together?
                What, if any, children do you both have together? What are their names and ages?
                Is there any chance of reconciliation, or do you believe that your marriage is irretrievably broken? (if a fault based divorce in Massachusetts, the judge may ask you to offer some evidence as to the grounds alleged against the other party).
                Do you have a signed separation agreement, that you have signed of your own free will, and that you have consulted with an attorney prior to signing, and that you believe is fair and reasonable?

Upon answering these questions, you should (or your attorney should) provide a summarization of the separation agreement. There is nothing wrong with preparing for yourself a bullet-pointed document which summarizes the points that you want to show the judge that you understand. Keep this portion of your statements to the court simple and to the point, demonstrating your understanding that this agreement is in the best interests of the children involved (if any) and all parties involved in the marriage.
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The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.