A contested case involves one party filing for divorce and serving the other party with the complaint. For more information about types of divorce cases, click here.
The first question to ask yourself or your attorney is whether the case is slow to conclude because of the court , or by the intentional delay tactics of your spouse? Either way, having your divorce case drag on can be exasperating.
If the case seems prolonged because of the court , try these ideas to move your case along:. If the case is dragging along due to the delay tactics of your spouse , there could be a variety of reasons why they are not cooperative and helping resolve the case.
Other times, divorce litigants are slyly trying to gain a tactical advantage by stalling the resolution of a case. Try these ideas to move your case along when your spouse is the hold up:. The simplification of the issues; 2. The necessity or desirability of amendments to the pleadings; 3. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; 4.
The limitation of the number of expert witnesses; 5. Often, one spouse is in a hurry, while the other spouse wants to slow down the process. There is no single timeframe that fits every couple, and patience truly is a virtue in this process. The fairest and wisest settlement for both parties and their children may not be the one they would have reached straight out of the gate.
All the same, let us imagine a couple in agreement on pursuing the quickest possible Massachusetts divorce. Our hypothetical couple could work with a mediator, or could use lawyer-to-lawyer negotiation, to voluntarily reach a written Separation Agreement to be filed with the Probate and Family Court as joint petitioners. In the least complicated, most cooperative situations, it would make sense to allow at least three months from the first meeting to the Agreement signing, given the practical realities of scheduling meetings, collecting information and reviewing Agreement drafts.
Three months is an aggressive time-frame for this phase of the process, but it is feasible for the right couple. In general, the more complicated the financial situation and the more heated the conflict between the parties, the longer it will take to work out an Agreement.
The Massachusetts Probate and Family Court has released a standing order that estimates the length of a contested divorce as 14 months. However, this process can still take longer depending on what disputes are involved with a divorce and how busy the court system is. Nothing guarantees a specific outcome or length of time for a divorce. Those facing divorce should speak with an attorney before starting the process, even if the divorce is uncontested. Speaking with a Massachusetts family law attorney will help make sure the process is handled properly.
For contested divorces, hiring an attorney means having the protection needed when two parties are in disagreement about their separation. At Miller Law Group, P. In addition to the general requirements for divorce, you must meet the requirements for no-fault 1A divorce. Divorcing couples can file for a 1A divorce if the spouses:. Spouses can reach a divorce agreement on their own or with the help of a mediator.
For a court to recognize a settlement agreement as valid, both spouses must sign the agreement in front of a notary. You can access the uncontested divorce forms and instructions from the Massachusetts divorce guide. You'll need to locate the correct forms and complete them. You'll prepare two key documents: a joint petition and a written divorce separation agreement , which memorialize the terms of your settlement.
If you have minor children with your spouse, you must complete additional paperwork concerning child custody and support. Once your paperwork is complete, you can file the paperwork in person or by mail. If you or your spouse lives in the county where you lived together while married, you should file with the Probate and Family Court in that county. Otherwise, you can file in the county where you or your spouse currently live.
The clerk of court will charge a filing fee, but if you can't afford to pay, don't worry. You can ask for a fee waiver form , which you will fill out and use to provide the court with financial information.
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