Regardless of whether you have grown apart or something happens that makes you ready to file for divorce, you may be unsure of how to begin this process. If you are ready to end your marriage, understanding the first steps in the divorce process is crucial to ensure you avoid making mistakes that can delay your divorce. Please continue reading to learn the first step in the divorce process in Massachusetts and how our determined Bristol County Divorce Options Lawyers can help guide you through these complex matters.
Are There Any Requirements for Getting Divorced in Massachusetts?
Before you can initiate the divorce process in Massachusetts, there are a few prerequisites that must be met. Essentially, to be able to legally file for divorce in the state, you or your spouse must first show that either party has maintained continuous, primary residence in Massachusetts for at least one year before filing. However, you can also file for divorce if the marriage ended in Massachusetts and you lived together as a couple when the reason that the marriage ended happened.
Many people falsely believe that a divorce can only begin because of a specific reason, also referred to as “fault grounds.” However, Massachusetts allows no-fault divorces, which provides an avenue for those who wish to get a divorce that avoids legal issues before even getting into the process. A no-fault divorce is when you file for divorce without claiming your spouse is responsible for the end of the marriage. A judge may grant you a no-fault divorce based on the irretrievable breakdown of your marriage, meaning the marriage is broken and cannot be fixed. If you choose to pursue a fault-based divorce, this means you claim that your spouse was responsible for the end of the marriage. A judge may grant you a fault-based divorce for any of the following reasons:
- Adultery
- Desertion
- Gross and confirmed habitual intoxication with alcohol or drug
- Non-support
- Impotence
- Imprisonment of 5 or more years
What is the First Step in the Divorce Process?
Once you have successfully determined that you are eligible to file for divorce in Massachusetts, you can initiate the process by filing a Divorce Petition. With this petition, you will stipulate the grounds on which you are seeking to dissolve your marriage and the terms that will apply to the termination of the marriage regarding matters like child custody, spousal support, and property division. After these matters have been determined, the petition must be served to your spouse. It’s important to note that spouses cannot serve divorce documents themselves. The petition must be served by a constable or deputy sheriff to avoid potential conflicts. Once your spouse has been served, which formally notifies them that you have filed a complaint for divorce with the court, the process will officially begin.
Nevertheless, it’s imperative to understand that while this is the first legal step involved in the divorce process, the first step for many is to enlist the help of an experienced attorney who can help them navigate their legal options. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you determine the best course of action given the unique circumstances of your case. Connect with us today to learn how we can fight for you.
