Divorce Online

Massachusett law allows people to represent themselves in any legal matter, and marriage dissolution is no exception.

Although divorce without a lawyer (also called 'Pro Se divorce') is the most inexpensive way to handle a divorce, it is not recommended for contested cases or high-conflict cases where the spouses have not reached an agreement about the essential terms of their separation.

However, taking such a DIY approach to divorce, handling things independently, and avoiding extra fees can benefit couples splitting amicably. They should negotiate and reach an agreement about child custody, property division, alimony payments, etc., and sign a separation agreement.

If the spouses need some help with their uncontested divorce, they can resort to divorce option alternatives instead of traditional litigation.

For example, if they would like to save time and effort doing the paperwork, they may take advantage of OnlineDivorce.com in Massachusetts. Though OnlineDivorce is not eligible to give legal advice, it can take over all the paperwork issues, from gathering the needed forms to completing them and providing filing instructions.

Those who need help trying to draft a separation agreement or parenting plan may resort to mediation or counseling instead of hiring attorneys.

There are two types of divorce in Massachusetts. 1A Divorce is a no-fault uncontested divorce, allowing the spouses to file a Joint Petition for Divorce. 1B Divorce means that the parties are not in agreement about custody, support, or property matters, so one spouse is considered a plaintiff, and the other is a defendant in a lawsuit. In a 1B contested divorce, the plaintiff must officially serve the defendant with the divorce papers.

To start any divorce action, the plaintiff or both spouses jointly (as co-petitioners) must complete a Complaint for Divorce or Joint Petition for Divorce, respectively, and file the other initial divorce papers with the Probate and Family Court Department. Also, at the moment of filing, the plaintiff must pay a court filing, which is mandatory regardless of divorce type.

The next step of the procedure is only required if the spouses are filing for a 1B divorce. The plaintiff must deliver copies of the Complaint and Summons to the defendant by hiring a sheriff or constable (an additional fee is charged). The service process must be accomplished within ninety days after filing the Complaint.

Spouses applying for a 1A divorce skip the service process, so the final court hearing can be scheduled with no delays - typically, in a few weeks after the filing date.

An uncontested divorce is typically cheaper than a contested proceeding, but divorce costs still greatly vary depending on a particular case’s circumstances.

The only mandatory fee is a court filing fee charged when submitting the initial divorce documents (about $200 in Massachusetts).

The other expenses, including attorneys' or paralegals' fees, online divorce services fees, costs for mediation, unbundled legal service, and more, are at the spouses' discretion.

For Massachusetts courts to have jurisdiction over the divorce case, the spouses must meet the state's residency requirements.

According to Massachusetts General Laws, if the ground for divorce occurred within the state, at least one of the spouses must currently reside in Massachusetts.

If the ground for divorce occurred out of state, or the parties cannot prove the requirement above, either of the spouses must have been a Massachusetts resident for at least one year before filing the Petition or Complaint for Divorce.

In a 1B divorce, the plaintiff shall serve the defendant with the divorce documents (Complaint for Divorce, Summons, and the Return of Service form) within ninety days after filing the complaint.

Once the defendant is served, they must file the Answer with the court within twenty days from the date specified in the Summons.

In Massachusetts, the court does not automatically enter a default judgment against a defendant that does not file an answer on time.

If he or she does not file an Answer, and the plaintiff returns the Summons to the court, the court shall schedule a Case Management Conference to talk about the case individually.

Although a no-fault uncontested divorce in Massachusetts can be relatively inexpensive, it is still not free.

Even if the spouses managed to resolve all the disputed issues out-of-court and without any legal representatives and draft the papers by themselves, they still have to pay a court filing fee.

An exception is provided for the plaintiffs who cannot afford to pay this cost. To apply for a fee waiver, they must provide information on their income, debts, and liabilities. If the court approves the request, the fee shall be reduced to $25.

The initial legal forms required to file for divorce in Massachusetts vary depending on the type of dissolution. For example, the spouses must file either a Joint Petition for Divorce or Complaint for Divorce.

Other common divorce forms include Joint Affidavit, Financial Statement, an Income Assignment Worksheet, Request for Trial Assignment, Certificate of Absolute Divorce or Annulment, a Divorce/Separate Support Summons, an Answer and Counterclaim,
Settlement Agreement.

If the spouses have minor children, they should also file an Affidavit Disclosing Care or Custody Proceedings and Child Support Guidelines Worksheet.