Most people have a general idea of what divorce means, but very few know what the process actually looks like day to day. If you are in Massachusetts and considering filing, or if you have already been served with divorce papers, understanding the basic sequence of events can help you feel less overwhelmed and more prepared.
This overview walks through the major stages. Every situation is different, and the specifics of your case will depend on whether you and your spouse can agree on the issues, whether children are involved, and how complex your finances are. But this is the general shape of how a divorce moves from start to finish.
Stage 1: Filing the Complaint for Divorce
The process begins when one spouse (the “plaintiff”) files a Complaint for Divorce with the Probate and Family Court in the county where the couple last lived together. In Massachusetts, you can file on fault grounds or no-fault grounds. Most divorces today are filed as no-fault, citing an “irretrievable breakdown of the marriage.”
There are two types of no-fault divorce in Massachusetts. A 1A divorce is filed jointly when both parties agree on all terms. A 1B divorce is filed by one party when there is no agreement yet. The process that follows depends on which type you file.
Stage 2: Service and Response
After filing, the divorce papers must be served on the other spouse. In a contested divorce, the other party then has an opportunity to file a response. Both parties will also be required to file a financial statement disclosing income, expenses, assets, and liabilities. This is a critical document, and accuracy matters.
Stage 3: Temporary Orders
While the divorce is pending, either party can ask the court for temporary orders. These might address where the children will live, who pays the mortgage, temporary spousal support, or restraining orders on assets. Temporary orders are not the final resolution, but they establish the status quo while the case proceeds.
Stage 4: Discovery and Negotiation
In more complex divorces, both sides may engage in discovery, a formal process of exchanging information and documents. This can include requests for financial records, depositions, or subpoenas. Alongside discovery, attorneys typically work toward a negotiated settlement on all the major issues: property division, custody, child support, and alimony. Most Massachusetts divorces settle before trial.
Stage 5: Mediation
Courts often encourage or require mediation before a contested divorce goes to trial. A neutral mediator helps both parties work toward an agreement. Mediation is not binding, but agreements reached in mediation can be incorporated into your final divorce judgment. It is almost always faster and less expensive than going to trial.
Stage 6: Trial or Agreement
If you reach a full agreement, your attorneys draft a Separation Agreement that covers all the terms of your divorce. A judge reviews and approves it. If no agreement is reached, the case goes to trial, where a judge decides all outstanding issues. Trials are time-consuming and costly, and judges have broad discretion. Most couples are better served by reaching an agreement on their own terms.
Stage 7: The Nisi Period and Final Judgment
In Massachusetts, after a divorce is granted, there is a 90-day “nisi period” before it becomes absolute. During this time, either party can object for limited reasons. After 90 days, the divorce is final.
If you are considering divorce or have questions about where you stand legally, contact Fitzgerald Family Law at (413) 526-7933. Attorney Stephanie Fitzgerald has 30 years of experience guiding clients through the Massachusetts divorce process.