What are the first steps in a divorce?

The divorce process usually begins with hiring an attorney who will guide you through the process and help negotiate the best outcome for you with regards to things like support, child custody, property division, etc.

Once you have an attorney, the proceedings start with a “petition” or a “complaint” asking the court to terminate the marriage. The document must include:

A statement that at least one spouse meets the state's residency requirements for divorce: In general, states require at least one spouse to live in the state for three to 12 months and in the county where the petition is filed for a minimum of 10 days to six months.

The grounds for the divorce:

Most Massachusetts divorces are filed as no fault. Usually, the grounds for a no-fault divorce is an irretrievable breakdown of the marriage.

In a divorce that asserts fault to one spouse, the grounds include adultery, abandonment, impotence, infertility, criminal conviction, emotional or physical abuse, substance abuse, and mental illness.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

There are many issues to resolve in a divorce. Generally, the court answers two questions if the parties cannot agree:

1) How are all of the money and possessions accumulated during the marriage divided?

2) What happens to the children after the marriage.

Below is a more detailed list of issues that are resolved in a divorce judgment:

1) custody of children

2) support of children

3) parenting time or visitation with the children

4) division of assets (for example, pensions, bank accounts or stocks)

5) alimony (or support for the spouse)

6) division of personal property (who gets the car, furniture)

7) division of real property (what will happen to any real estate including the marital home)

8) who gets to live in the marital home

9) division of debts (for example, credit cards or electric bills)

10) taking back the name you had before you got married

11) possibly, an order for protection from abuse.

12) If these issues are not resolved by agreement of the parties, the judge decides the issues. You get a chance to present evidence that helps the court decide.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.