What Do I Need to Know About Filing Divorce in Massachusetts with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Grounds for Divorce in Massachusetts.
Help Yourself Divorce is a no-fault divorce service, so we will prepare your divorce papers based on the ground that there is an “irretrievable breakdown of the marriage.” This means you and your spouse agree to file a no-fault divorce.
Massachusetts Residency Requirements.
If you and your spouse lived together as husband and wife within the commonwealth of Massachusetts, and at least one spouse currently lives in Massachusetts, you may file for divorce without meeting any additional residency requirement.
However, if you and your spouse never lived together as husband and wife within the commonwealth of Massachusetts, you must meet the following residency requirement:
- If your marriage broke down WITHIN Massachusetts, the plaintiff must be currently living in Massachusetts at the time you file; or
- If your marriage broke down OUTSIDE of Massachusetts, the plaintiff must live in Massachusetts for one year before filing.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Massachusetts for at least six months and currently live in Massachusetts, or have lived in Massachusetts within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing for Divorce in Massachusetts.
Generally you will file for divorce in the Massachusetts county where you and your spouse last lived together. However, if neither spouse still lives in that county, then you may file for divorce in the Massachusetts county where either spouse currently lives.
Massachusetts Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
With our service, you will file a joint petition. This means you do not have to serve your spouse with the divorce papers, which expedites the process.
Waiting Period.
There is no specific waiting period after filing for divorce, before your final divorce hearing may be held. How long it takes for the Court to schedule your case for a hearing simply depends on the schedule of the Court.
Massachusetts Final Uncontested Divorce Hearing.
Once your case is scheduled for a hearing, a judge will sign your decree. However, your divorce will not actually be final for a period of 90 days. Once 90 days have passed from the time a judge signs your judgment at your final hearing, your divorce will be final.
Additional Information.
If you and your spouse have minor children, you must attend an approved Parent Education Program. You must both register with an approved provider within 60 days after filing, and you must attend the next available session.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.