The Divorce Process Timeline in Massachusetts

1. Filing the Complaint: The divorce process officially begins when one spouse (the plaintiff) files a Complaint for Divorce with the court. This document outlines the reasons for the divorce and any requests related to property division, alimony, and child custody.

2. Service of Process: After the complaint is filed, the plaintiff must serve the divorce papers to the other spouse (the defendant). The defendant must be notified of the divorce proceedings and given an opportunity to respond. This step can typically be completed within a few days to a few weeks, depending on the method of service and the defendant’s location.

3. Response and Initial Proceedings: Once served, the defendant has 20 days to file a response to the complaint. During this time, both parties may begin negotiating terms related to property division, alimony, and child custody. If the parties reach an agreement, they can submit a settlement for court approval.

4. Waiting Period: Massachusetts law requires a 90-day waiting period before a divorce can be finalized. This waiting period begins from the date the defendant is served with the divorce papers. This period allows both parties time to reflect, negotiate, and ensure that all aspects of the divorce are thoroughly addressed.

5. Temporary Orders and Hearings: During the waiting period, temporary orders may be issued by the court to address urgent issues such as child custody, child support, or temporary spousal support. If the parties cannot reach an agreement, the court may schedule hearings to resolve disputed issues.

6. Settlement and Agreements: If the spouses reach a settlement, they can submit their agreement to the court. The court will review the settlement to ensure it is fair and complies with the law. If the settlement is approved, the divorce can proceed to finalization.

7. Court Hearing: If the parties cannot agree on all issues, a court hearing will be scheduled. Each party will present their case, and the judge will make decisions on unresolved matters. The length of time for hearings can vary based on the complexity of the issues and the court’s schedule.

8. Final Judgment: After all issues are resolved, either through settlement or court decision, the court will issue a final judgment of divorce. This document legally ends the marriage and outlines the terms of the divorce.

Typical Timeline

– Uncontested Divorce: If both parties agree on all terms and the divorce is uncontested, the process can be relatively quick. The 90-day waiting period is mandatory, but with efficient paperwork and agreements, the divorce can often be finalized shortly after this period ends. On average, an uncontested divorce might take about 3 to 6 months from filing to final judgment.

– Contested Divorce: In cases where the spouses cannot agree on one or more issues, the process can be significantly longer. The timeline depends on the complexity of the disputes, the need for hearings, and the court’s schedule. Contested divorces can take anywhere from 6 months to over a year or more.

Factors Affecting the Timeline

1. Complexity of Issues: Divorces involving complex financial matters, significant assets, or complicated custody arrangements may take longer to resolve.

2. Court Caseload: The court’s schedule and caseload can impact the timing of hearings and finalization.

3. Negotiation and Mediation: The efficiency of negotiations or mediation efforts between the spouses can affect how quickly the issues are resolved.

4. Documentation and Compliance: Timely submission of required documents and compliance with court procedures can impact the overall timeline.

If you’re navigating a divorce and have questions about the timeline or the process, consulting with Johnson, Sclafani & Moriarty, Attorneys at Law, can provide valuable guidance and help you manage expectations throughout the divorce process. Call our offices now for a free, initial consultation. 413-732-8356