Divorce can be a daunting process, especially when you’re unsure about how long it will take. At BruegelPC, our experienced divorce lawyers understand the complexities of the Massachusetts legal system. Whether you’re aiming for an amicable separation or preparing for a contested battle, our insights can guide you. Read on to find out just how much time you might need to navigate your divorce journey.
As stated by Mass.gov, a divorce in Massachusetts typically takes 90 to 120 days after the court issues a judgment nisi. This period can vary depending on the court’s schedule and case complexity. The entire process from filing to finalization can take several months to over a year.
Introduction to Massachusetts Divorce Timeline
The Massachusetts divorce timeline includes unique steps like the cooling-off period, designed to give couples time to potentially reconcile before finalizing the divorce.
At the base the divorce process starts when one spouse files a Complaint for Divorce with the court. After filing, the other spouse gets the divorce papers and has some time to respond.
Next, there is a waiting period before any hearing can occur. During this time, both spouses might need to attend mediation or settlement meetings to try and agree on things like dividing property, alimony, child custody, and child support.
If they agree on these issues, their agreement will be sent to the court for approval. So to speak, if they cannot agree, the case will go to trial where a judge will decide on the unresolved issues.
Once the judge makes a decision, they will issue a judgment of divorce, which officially ends the marriage. The last step is getting a divorce decree, which outlines the divorce terms and makes them legally binding.
The length of the divorce process in Massachusetts can vary depending on how complicated the case is and whether the spouses can reach an agreement outside of court. Both spouses need to understand their rights and responsibilities to ensure a fair outcome.
Factors Affecting Divorce Duration
Individual circumstances can significantly influence the duration of divorce proceedings.
In general, some important factors affecting how long a divorce takes include how complicated the couple’s finances are, how much they argue, and if they have children.
Money issues, like needing to sell a house or divide retirement savings, can make the process longer. Fights over who gets what or how much money should be paid as support can also drag things out.
Emotional issues, like anger or bitterness, can make reaching an agreement slower and harder. More fighting usually means it takes longer to settle or go through court.
To outline briefly, having children adds another layer of complexity. Custody decisions, visiting schedules, and child support need to be made, and parents may disagree, leading to extended talks or court disputes.
The involvement of multiple professionals, such as lawyers or mediators, can also cause delays. Scheduling and coordinating among these professionals can slow things down.
Uncontested Versus Contested Divorce
In our earlier discussion in an uncontested divorce, both spouses reach a mutual agreement on critical aspects like property division, child custody, and support.
All in all, uncontested divorces are usually quicker and cheaper because you don’t need to go to trial.
However, a contested divorce happens when the spouses can’t agree on important issues. This makes the process longer and more expensive since it might need a court’s help and a trial to settle disagreements.
In an uncontested divorce, both spouses collaborate to create an agreement they are both happy with, which can help them stay on good terms after the divorce. By definition, conversely, contested divorces can be more hostile and stressful for both parties.
Choosing between an uncontested and contested divorce depends on the couple’s situation. Uncontested divorces are simpler and more efficient, but contested divorces might be necessary when the spouses can’t resolve their differences on their own.
Steps in the Massachusetts Divorce Process
Improving our past conclusions, in Massachusetts, the first fascinating step in the divorce process is filing a petition with the court, initiating the legal proceedings.
When it comes down to it, when one spouse starts the divorce process, they are called the petitioner, and the other spouse is the respondent. The petitioner must then give the respondent papers telling them about the divorce.
After getting these papers, the respondent has a set time to reply to the court. If both spouses agree on how to handle things like dividing property, caring for children, and financial support, they can make a settlement agreement.
If they can’t agree, the court will hold a hearing where each spouse can explain their side. To outline briefly, the judge will then decide based on various factors, especially what’s best for the children, if any.
Once the divorce is finalized, it’s legally binding. The spouses might need to do things like transfer property, change insurance beneficiaries, and update legal documents.
Remember, the divorce process can be different depending on how complicated the issues are and how well the spouses work together. Getting advice from a qualified lawyer can help protect your rights during this time.
Average Time to Finalize Divorce
Looking at what was said before, divorces in the US typically take an average of one year to finalize, although highly contested cases can stretch on for several years.
In basic terms, generally, divorces, where both people agree on things like custody, support, and dividing property, are finished faster than divorces where some disagreements and fights need court involvement.
Usually, an uncontested divorce can be done in a few months. On the other hand, a contested divorce, where people don’t agree, can take a year or longer. How long it takes can depend on how complicated the issues are, how busy the courts are, and how willing both people are to cooperate and work things out.
Simply put, finalizing a divorce involves several steps: filing the divorce papers, notifying the other person, negotiating or going to court, and getting the final divorce decision from the judge. Each of these steps can add to the overall time.
It’s hard to say exactly how long an average divorce will take since each situation is different and various factors can affect the timeline. It’s a good idea to talk to a family law attorney to get a clearer idea of how long your specific case might take.
Summary
As was previously noted in the conclusion, the length of time it takes to finalize a divorce in Massachusetts varies depending on the complexity of the case and the cooperation of both parties involved.
What BruegelPC is advising you to think about is, on average, an uncontested divorce may take as little as 1-3 months, while a contested divorce can extend the process to 6 months or longer. It is important to consult with a legal professional to understand the specific timeline for your situation.