By Ben Stich, LICSW, M.Ed., a Guest Poster adapted from a prior post of his.
When facing divorce, many couples feel overwhelmed by the process and don’t know where to start. In Massachusetts, there are structured steps to help you move toward an uncontested divorce smoothly-whether you pursue mediation, collaborative divorce, or court litigation. Here’s an overview to guide you through.
Step 1: Confirm Residency Requirements
Before filing, one spouse must meet the state residency requirements: having lived in Massachusetts for at least one year or having the cause of the divorce occur in the state while both resided there.
Step 2: Understand Grounds for Divorce
Massachusetts allows both “fault-based” and “no-fault” divorces. Most uncontested divorces fall under the “no-fault” category, based on the “irretrievable breakdown of the marriage,” also known as a 1A divorce.
Step 3: Know the Difference Between 1A and 1B Massachusetts Divorce Filings
–1A Divorce (Uncontested): Both spouses agree on all terms of the divorce before filing. The process includes submitting a joint petition and Separation Agreement to the court
– 1B Divorce (Contested): This involves filing without an agreement in place, often requiring court intervention. However, even with a 1B divorce, mediation may still be an option to reach resolutions.
Step 4: Build Your Divorce Support Team
Consider the professionals who can help guide you through the process, such as:
– A divorce mediator to facilitate fair negotiations.
– Participate in Collaborative Divorce
– Divorce attorneys as consultants or advocates.
– Specialists like financial analysts, CPAs, or divorce coaches for specific advice.
Step 5: Organize Key Documents
Having organized records will save time and reduce stress. Commonly required documents include:
– Marriage certificate
– Tax returns and financial statements
– Property records
– Documents related to children (if applicable)
Step 6: Complete Financial Statements
Both spouses must disclose their income, expenses, assets, and debts in formal financial statements. These details are crucial for resolving property division, alimony, and child support.
Step 7: Draft a Separation Agreement
This agreement outlines all terms of the divorce, including property division, spousal support, parenting plans, insurance, taxes, and more. In mediation or collaborative divorce, spouses work together to create an agreement that feels fair and equitable to both.
Step 8: File for Divorce
For a 1A divorce, submit the required documents to the court, along with the $215 filing fee. Ensure all forms are completed accurately to avoid delays.
Step 9: Attend the Court Hearing
Once the filing is accepted, a judge will review your Separation Agreement during a scheduled hearing. Be prepared to answer standard questions under oath. If adjustments to the agreement are needed, they can often be made on the same day.
Step 10: Finalize the Divorce
Massachusetts requires a waiting period of 30 days after the agreement’s approval, followed by a 90-day Nisi waiting period. After 120 days total, the divorce becomes final.
Don’t Be Afraid to Ask Questions
Navigating divorce can be overwhelming, but no question is too small or too “silly” to ask. Working with professionals like mediators ensures that you have the guidance and support you need to move forward confidently.
About Divorce Mediator Ben Stich
This post was adapted from Ben Stich, LICSW, M.Ed., a seasoned divorce mediator and collaborative divorce coach. To learn more about how Ben helps couples navigate divorce
collaboratively, visit www.benstich.com.
