Massachusetts Divorce Procedures
A divorce procedure is begun in one of the following two ways.
- A complaint is mailed to the clerk of the proper court by registered or certified mail. Along with the complaint, an entry fee determined by law is also sent
- The divorcing partner files a complaint along with entry fee to the clerk in person
Massachusetts Divorce Procedures regarding Service
The Plaintiff or the lawyer of the Plaintiff submits a copy of the Complaint and the Summons to the special sheriff, deputy sheriff, sheriff or any other individual authorized by law. The Summons includes the facsimile signature or signature of the clerk in the name of the Commonwealth of Massachusetts or under the seal of the court.
The Summons consists of the following data.
- Name of the court and both partners
- Name and address of the lawyer of the Plaintiff, if any
- The date before which the Defendant must file an Answer in the court
- The Summons notifies the Defendant that if the Defendant fails to answer in the stipulated time frame, then, judgment by default can be rendered against him
Two ways of Massachusetts Divorce Procedures
There are 2 types of divorce procedures. These can be named as an easy way and a hard way.
- The hard way commences with one divorcing partners filing a Complaint for divorce and serving the other divorcing partner
- One or both divorcing parties can file a motion to determine child support, child custody, alimony and other issues on a temporary basis
- From the date of filing the divorce complaint, when 6 months have passed, one or both parties are empowered to request a trial date
- On the trial date, both the divorcing partners and their attorneys submit proof to the Judge in the form of witnesses, testimony and documents
- At the end of the trial, the Judge makes the final decision about child custody, child support, alimony and property division
- Before the trial date, if the divorcing partners are able to draft an agreement, then, the process becomes a separation agreement process
- If the divorcing partners desire for an easy way of divorce, then they have to negotiate a separation agreement. This is fundamentally a contract that incorporates issues like child support, child custody, alimony and property division
- If there are any differences in the opinions of the divorcing partners, these partners negotiate amongst themselves or hire attorneys for the negotiations
- After the discussions are complete, the hired attorneys draft an agreement that is reviewed and signed by the divorcing partners
- When the separation agreement is ready with signatures, the divorcing partners file a Joint Petition for divorce
- The Joint Petition requests the Court to endorse the agreement and issue orders regarding the divorce
- Thus, in this method the divorcing partners involve the court only at the end of the procedure
- The divorce hearing is very brief and during it the Judge ensures that the agreement is reasonable and fair. Also, whether both the divorcing partners have understood the agreement and consider it as a binding on them.
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