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Uncontested divorce in Massachusetts
Having made a tough decision to end their marriage for good, couples residing in Massachusetts have two options to choose from:
- Contested dissolution. It presupposes spouses having major disputes concerning important matters of their divorce, which can only be resolved with the help of lawyers during multiple court proceedings. Divorcees have to spend a lot of money on legal support and must be present at each hearing so that the judge can make a fair decision. As a result, for most couples, a contested dissolution is a tiresome and continuous process that puts a lot of pressure on them, their families, and their budgets.
- Uncontested divorce. It will not just be less expensive to file for an uncontested dissolution, but also less stressful than going through a contested one. If the spouses can work together and achieve a compromise on everything that is related to the dissolution, it will be easy for them to get a quick divorce. In this case, divorcees may not even need to hire a lawyer, which will essentially allow them to spend under a $1,000 on the whole process.
Nevertheless, choosing to file for an uncontested dissolution, you will need to figure out how to get proper legal forms. The problem is that there is a great number of documents that you may need to file, and finding them on your own is quite a challenge. What can you do in this case? Use OnlineDivorcer!
Each year, our company helps thousands of couples in Massachusetts to get through a tough divorce period without spending too much on it. Working with us, you will get a full packet of dissolution forms, which will not only be chosen to suit your case, but also filled out with your personal info.
To file for uncontested divorce,
you will have to complete
15 forms
on average
Were you looking for free massachusetts divorce forms?
Download our samples of free printable divorce papers for massachusetts and reconsider preparing the forms on your own
Filing for divorce in Massachusetts without a lawyer
If you don’t want to involve third parties in your divorce process, and decide to file for an uncontested dissolution on your own, follow these steps:
- Check if you meet the residency requirements of the state. One of the spouses must be a resident of the state of Massachusetts if the grounds for divorce occurred in Massachusetts. If the grounds for divorce occurred outside of the state, then one spouse must have lived in the state for at least 1 year before filing.
- Find and complete all the needed divorce forms.
- File the documents in the Probate and Family Court in the county where you reside.
- Serve the paperwork to your spouse. A sheriff, deputy sheriff, or constable can deliver the documents to your ex-husband or wife.
- In Massachusetts, you must attend the final hearing. However, it is usually quite brief.
- Wait until the judge signs a Judgement of Divorce. According to Massachusetts laws, during this time, you and your spouse can change your mind. As soon as the 120-day waiting (nisi) period comes to an end, the divorce is finalized.
How does it work?
01
Check eligibility for initiating a divorce process.
02
Fill out our simple questionnaire.
03
Download a complete package of documents, print them out and submit for the court’s consideration.
How to complete a do it yourself divorce in Massachusetts?
If you are planning to get an uncontested dissolution without any legal help, opting for a DIY divorce, you need to understand what you will have to go through:
- Check whether you qualify for uncontested divorce in Massachusetts, meaning that you and your spouse have agreed on all divorce-related aspects.
- Find out if you meet the residency requirements of the state.
- Visit the state website to check all the divorce-related information and look for the required forms. If you are not sure what forms are needed, find credible sources of information to check on it or ask for legal help.
- If you have children, you need to find the state child custody and support guidelines on the state website, as well as whether you need to attend parenting classes.
- Fill out all the necessary forms. Google terms and confusing phrases in order to avoid making mistakes in the documents when providing answers. Also, please mind that some fields in the forms have to be blank for a court clerk to fill them in.
- Find out whether you need to take up some classes to learn how to represent yourself in court.
- Now you can print, sign, and file the paperwork. Note that some forms can only be signed in front of a notary.
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Massachusetts divorce forms
There are various papers you may need to file for uncontested divorce. We have decided to present the most frequently required ones for your convenience:
- Joint Petition for Divorce
- Affidavit of Irretrievable Breakdown
- Child Support Guidelines Worksheet
- Financial Statement
Massachusetts divorce papers online
In order to get your Massachusetts divorce forms filled out, you will need to have the following information on your hands:
- Your and your spouse’s full name and date of birth.
- Date and location of your marriage.
- Your and your spouse’s current address, as well as the address of all real property you own.
- Full names, dates of birth, and current address of your children.
- Information about your income, debt, insurance, and taxes.
- Workplace information – both yours and spouse’s.
- Info about vehicles you both own, such as model, make, year, and VIN.
- SSN and driver’s license number.
- Information about any previous court cases involving you or your children.
- Description of property you and your spouse own.
- Financial accounts information.
There might be some additional details required depending on your individual case.
Things you need to know
Filing
You have to file the documents in the Probate and Family Court in the county where you reside. The paperwork then has to be delivered to your spouse by a sheriff for an additional fee.
Residency Requirements
One of the spouses must be a resident of the state of Massachusetts if the grounds for divorce occurred in the state. Otherwise, one spouse must have lived in the state for at least 1 year prior to filing.
Waiting Period
The waiting period in the state is 3 months for contested cases and 4 months for uncontested ones.
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Getting a divorce in Massachusetts with children
Deciding to end their marriage legally, couples with children have to take the following into consideration:
- The courts are usually inclined to grant shared legal custody (decision-making right) to parents. However, one parent usually has more parenting time granted to them than the other.
- While determining custody, a judge takes into account the amount of time both parents spend with the child, whether each parent can satisfy the child’s needs, preferences, etc.
- In Massachusetts, children over 14 years have to be interviewed by a judge before the proceedings in order to record their wishes.
- The parent with higher income usually pays child support in the state. However, if parents share joint custody and have equal incomes, none of them are likely to pay support.
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FAQ
Can I file for divorce in Massachusetts without hiring a lawyer?
Yes, you can, but only if a divorce is uncontested. It means that you and your spouse are in full agreement and do not need legal services.
How to file for divorce in Massachusetts by myself?
To file the papers without lawyer’s assistance, you need to:
- Check whether you meet residency requirements.
- Fill out all the necessary papers.
- Bring them to the court in your county or the county where the answering party lives for submission.
- Register them and pay the fees, and at this time an index number will be granted to all of your papers.
- Ask a sheriff to deliver the copies of the papers to your spouse.
- Contact the clerk to schedule the final hearing.
- Attend the hearing with your spouse.
- Wait for the judge to sign the divorce decree.
Where to file for uncontested divorce in Massachusetts?
You can file for divorce in the Probate and Family Court in the county where you live or in the Probate and Family Court in the county where your spouse lives.
What Massachusetts divorce forms do you need to start a divorce?
This is a list of basic MA divorce forms:
- Separation agreement.
- Joint Petition for Divorce.
- Affidavit of Irretrievable Breakdown.
- Record of Absolute Divorce.
- Financial Statement.
Please note that if you have children or some specific circumstances, you will need more forms.
How much does divorce cost in MA?
Filing the marriage dissolution complaint costs $200 in MA. However, there are a few additional fees, and you will likely end up paying around $265.
How long does it take to get a divorce in Massachusetts?
You have to wait for 3 months for the dissolution decree to come into force after the day it was issued. This period is sometimes decreased to only 1 month, but such cases are rare.
What are the residency requirements for getting a divorce in Massachusetts?
One of the spouses must be a resident of the state of Massachusetts if the grounds for divorce occurred there. If the grounds for divorce occurred outside of Massachusetts, then one spouse must have lived in the state for at least 1 year prior to filing.
Can I download other massachusetts divorce forms online for free?
We provide only three samples of free printable uncontested divorce forms in massachusetts for you to realize how much time you will spend filling 15 of them out on your own.
Where can I find more details regarding legal aspects of my divorce?
Please review massachusetts divorce laws for further information.
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Warning
We take no responsibility for the samples of free do-it-yourself divorce papers in massachusetts that you can download from our website. All samples of free massachusetts divorce papers have been prepared for general informational purposes only and cannot be filed with the court.
