How Long Does a Divorce in Massachusetts Take?
A divorce in Massachusetts might be relatively quick, or at the other end of the timeline, a Massachusetts divorce may take over a year. Our attorney will be evaluate your specific circumstances after a consultation and provide you with an estimate of the time involved, the cost of the divorce, and answer any other questions you may have.
Why Do Some Divorces Take Longer than Others?
The factor that influences a divorce timeline the most is how each party to the divorce feels about the other. Obviously, if a divorce is being considered, the feeling have chilled between the parties. However, it is the degree of the chill that makes all the difference as to the length of the divorce….let me explain…
Massachusetts Joint Divorce Timeline
Where the couple simply wants to divorce and each party to the marriage is relatively cooperative with the other, the couple may file a joint divorce or uncontested divorce in Massachusetts. This is by far the best option for a couple as it is the lowest cost option because attorney fees are low. In addition to the cost, a joint or uncontested divorce can occur relatively quickly, see the uncontested divorce timeline below:
Joint or Uncontested Divorce Timeline
| PROCEDURE | TIMING |
| Hearing Request | Immediately after divorce filing |
| Hearing Date | 1-2 months from filing for divorce on average |
| Total Time Before Final Divorce* | 6 months from filing for divorce |
| Nisi Period | 120 days |
In a Joint or Uncontested 1A divorce in Massachusetts, it is very possible that you may be able to receive a final divorce judgment within six months. While six months may seem like a long time, consider the fact that the judge must review financial statements, a separation agreement and if children are involved custody and child support arrangements before granting a divorce in Massachusetts.
Massachusetts Contested Divorce Timeline
Where the couple is at the other end of the extreme, that is, each party to the divorce is at odds with the other, the time it takes to complete the divorce process in Massachusetts is considerably longer. The reason for the lengthy timeline in a contested divorce is that, in addition to the fact that the judge must review financial statements, each party must go through legal procedures akin to those found before most other cases which occur in court. For example, a discovery phase is entered while the case moves forward towards trial. In a contested divorce in Massachusetts, the judge must determine fact from fiction in making a divorce judgement, which means a trail will most likely need to be conducted unless the parties settle the divorce prior to the trial. The fact that the divorce must go forward to the trial phase in many contested divorce cases in Massachusetts results in the lengthy timeline.
Contested Divorce Timeline
| PROCEDURE | TIMING |
| Hearing Request | 6 months unless emergency filing |
| Hearing Date | 6 months from filing for divorce on average |
| Total Time Before Final Divorce* | 12-18 months from filing for divorce |
| Nisi Period | 90 days |
In a Contested 1B divorce in Massachusetts, it is very possible that you may be able to receive a final divorce judgment within a year to a year and a half. While the longer divorce timeline in contested divorces may seem unbearable, consider the fact that the judge must review financial statements, make custody and child support arrangements before granting a divorce in Massachusetts and decide truth from fiction in a trial.
Answers to Massachusetts Divorce Timeline Questions:
How Long Does a Massachusetts Divorce Take?
If uncontested, about 6 months. If contested, about 12 – 18 months.
What is the Fastest Way to Get a Divorce in Massachusetts?
File both a separation agreement and a 1A or uncontested divorce simultaneously.
How Long Does it Take to Serve Divorce Papers in Massachusetts?
You have 90 days in most cases after you file a complaint in divorce to serve the other party. If the complaint is a contempt (say, for failure to make child support payments, the defendant must be served within 7 days).
Is Massachusetts a 50/50 State?
No. Massachusetts law allows judges to decide the division of assets between spouses equitably, meaning, that a Massachusetts judge can award one party to the divorce as he or she see fit (within certain guidelines under law).
Do I have to separate from my spouse before divorcing?
This question requires an understand of the word separation in legal terms. While a separation agreement will need to be filed if settling a contested divorce or alongside an uncontested divorce in Massachusetts, you actually do not need to physically separate from one another – although, physical separation is often recommended or necessary due to the emotionally charged positions of each party to the divorce.
Can I Speed Up the Divorce Timeline?
The most efficient way to receive a fast divorce in Massachusetts is to file uncontested or 1A divorce, to cooperate with your partner (and for this behavior to be reciprocated), and to plan, plan, plan ahead. Contact our offices to learn what you might do to position yourself for the most advantageous results in a Massachusetts divorce.
Can Filing for Divorce First Make a Difference in the Timeline?
Under normal circumstances, where the parties will be filing for divorce in Massachusetts, the timing of the filing for divorce is immaterial.
Timing considerations in a Massachusetts divorce are complex. The key to arriving at the best possible outcome is to work with your attorney by providing as much detail about your situation as possible so that your attorney can understand how to best serve your interests. Contact our offices at 978-273-8337 to get information on divorce timeline considerations, for divorce filing in Massachusetts, and for any other legal information that you require.
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