Divorce Process FAQs

A common law marriage occurs when a couple lives together for a certain number of years (one year in most states), holds themselves out as a married couple, and intends to be married. Massachusetts does not recognize common law marriage and, therefore, will not grant an annulment or a divorce because the parties were never legally married to begin with.

Annulments are relatively rare so it is important that you consult with attorneys like the ones at Wright Family Law Group in order to get the full picture how best to deal with your situation. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

As long as one party wants the divorce, Massachusetts will allow divorce on the grounds of irreconcilable differences. Because of this legal provision, it is procedurally not possible for one party to prevent the divorce from eventually occurring – even without cooperation or participation from the other spouse. If it is a contested divorce situation, it is important to keep in mind that it will take longer, become more expensive, and will present certain challenges procedurally. However, a divorce generally cannot be stopped even by a highly resistant spouse.

It is best to consult with an qualified attorney like the ones at Wright Family Law Group in if your spouse is refusing to communicate or not willing to cooperate with your divorce situation. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

Your spouse does not need to live in Massachusetts in order for you to get a divorce. As long as you have lived in Massachusetts for one year the residency requirements are met to file a divorce. If you are filing a 1A uncontested divorce petition, often we can coordinate directly with that person and get the required documents signed through the regular mail. In the event of a 1B contested divorce proceeding, your spouse will need to be served in the state in which they are residing. Often times, they will retain Massachusetts counsel to appear on their behalf to move the case forward if they reside in a location that is far away. If they reside in a neighboring state, they will sometimes appear on their own or with an attorney.

It is best to consult with an qualified attorney like the ones at Wright Family Law Group in if your spouse does not live in Massachusetts, but you want to pursue a divorce action here. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

Usually not. Since mediation, conciliation and other types of alternative resolution have become widely used, very few divorce cases go to trial. The overwhelming majority of divorce cases in Massachusetts are resolved through these methods or between the parties with the assistance of counsel. Occasionally, the parties agree without outside help to settle their disputes. Massachusetts courts do not require mediation before trial but can refer a case to conciliation to help the parties resolve some, if not all, of the issues.

It is best to consult with an qualified attorney like the ones at Wright Family Law Group in order to evaluate whether or not your case might require a trial. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

Yes, even uncontested divorce cases require a court hearing. If you are facing a serious hardship and absolutely have no way of appearing, you can file a motion requesting a waiver of attendance or a motion to appear via Zoom. This can be facilitated further if you have an attorney to appear on your behalf.

It is best to consult with an qualified attorney like the ones at Wright Family Law Group in order to evaluate whether or not you will be required to appear in Court. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

Yes, even uncontested divorce cases require a court hearing. Although you will have to appear before the judge, your uncontested hearing will not take much time, and the inconvenience will be minimal.

Yes, the majority of divorce records (also referred to as divorce case files and/or judgments) are considered public information. There are two exceptions: 1. any financial information contained in the more recent records is made available only to the parties of the case named or to their attorney, and 2. A small percentage of divorce cases may have information, such as the address of a party, impounded, which is done for safety reasons. This occurs most often in domestic violence situations where there is a restraining order.

Yes. You may ask the Court to take back your former name at the time of the divorce, and the Court will give you permission to do that and will incorporate that into the judgment. It is important to make this request at the time of the divorce. Otherwise, you must file a name change petition after the fact, which will require additional time and effort.

If you and your spouse reconcile after the divorce process has begun, a joint motion to dismiss can be filed by both parties, and the divorce case will be dismissed without prejudice. This means that if either or both parties want to re-file at any time after the dismissal is entered, they are free to do so.

At the Wright Family Law Group in Tewksbury and Danvers Massachusetts, we offer representation from divorce attorneys with more than 40 years of collective experience in the Merrimack Valley, Greater Boston, and North Shore areas. We can answer your questions and provide you with peace of mind as you approach your divorce. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

In addition to legal representation, we provide our clients with emotional support in every stage of the process. We offer support groups, access to a divorce coach and a unique opportunity to participate in the our 30 Day Divorce Self Care Challenge. Our clients benefit from a holistic approach that goes beyond paperwork and court appearances. We understand that divorce is not only a legal process but also an emotional transition. That’s why we combine strong advocacy with compassionate guidance to help you regain confidence and stability. Whether you need strategic legal advice, practical coping tools, or a supportive community to lean on, the Wright Family Law Group is here to help you move forward with clarity and strength.

Many couples in relationships or marriages cite money problems as their biggest source of tension, with research indicating that over a third of them deal with this issue. In some cases, that pressure pushes a once-content partnership straight toward separation and legal proceedings. Sure, splitting up can create money woes, like suddenly handling bills on a single paycheck, but it isn’t all bad, there are some real upsides financially. Let’s break down seven ways divorce might actually boost your wallet:

1. Easier Budgeting and Total Control Over Your Money: After the split, you’re flying solo on finances, which means no more haggling or checking in with someone else before spending. You get to craft a budget that fits your life perfectly, focusing on what matters most to you without any outside opinions getting in the way.
2. Penalty-Free Access to Retirement Funds: Some divorce agreements let you tap into your former partner’s retirement accounts, like a 401(k) or IRA, without the typical fees for pulling money out early. This often happens through something called a Qualified Domestic Relations Order (QDRO), giving you a handy cash boost to ease into your new chapter.
3. Better Shot at Investment Wins: When assets get divided, you might end up with a chunk of cash or stocks to invest as you see fit, matching your own comfort level with risk. This freedom could open the door to smarter, more personalized moves that yield higher returns than the safe or mismatched choices you made as a couple.
4. More Help with College Costs for the Kids: Being a single parent can change how financial aid is figured for your children’s higher education. Forms like the FAFSA usually only look at the income of the parent the kids live with most, which could mean less expected family contribution and more access to grants, scholarships, or loans.
5. Extra Social Security Perks for Individuals Over 62: If you were married for a decade or more and haven’t tied the knot again, you can claim benefits based on your ex’s work history starting at age 62. That’s especially helpful if they earned more, potentially giving you a bigger monthly check than you’d get from your own earnings alone.
6. A Fresh Look at Your Money Goals: Going through a divorce is a natural time to hit pause and rethink your financial roadmap. You can tweak things like saving for retirement, picking investments, or building an emergency fund to better suit where you are now and where you want to head, making your plans sharper and more on target.
7. A Net Gain in Your Financial Health: The early days post-divorce can feel tight, but for many, it ends up being a step up in the long run. Between splitting up debts and assets, plus possible support payments like alimony or child support, you could land in a steadier spot overall.

On top of that, ditching the expenses tied to a rocky marriage, like couples therapy sessions, frees up more cash. Divorce is tough, no doubt, but in these ways, it can spark real financial freedom and smarts, helping people bounce back even stronger.

Pre-Divorce planning requires that you get your finances Wright so consult with an qualified attorney like the ones at Wright Family Law Group in order to get the full picture of what to expect. Contact us today at 978-773-9260 or contact us online to book a free Discovery Call.

Massachusetts is a no-fault state which means you do not have to prove “bad behavior” or that your spouse did anything wrong in order to get divorced. Although we do have a fault-based statute, it is rarely invoked because the same relief is available by filing a no-fault divorce. In a Massachusetts no-fault divorce you only have to show that the marriage has become irretrievably broken which means there is no hope of fixing it.

The difference between a contested divorce and an uncontested divorce in Massachusetts ultimately comes down to whether you and your spouse agree on the key issues.

In a contested divorce, one spouse files a complaint asking the court to end the marriage, and the other spouse either disagrees with the divorce itself or disputes one or more of the terms — such as child custody, child support, alimony, or property division. Because there’s no full agreement, the case moves through the court process: discovery, motions, pretrial hearings, and possibly a trial where a judge decides the unresolved issues. Contested divorces tend to take longer, cost more, and involve more court appearances.

In an uncontested divorce — sometimes called a “joint petition for divorce” or a 1A divorce in Massachusetts — both parties agree that the marriage has broken down and have already worked out all the details of their separation in a written separation agreement. This agreement covers everything from finances to parenting plans. The process is usually faster, less expensive, and more private because it doesn’t require a trial.

In short, a contested divorce asks the court to decide the disputed issues, while an uncontested divorce asks the court to approve the terms you and your spouse have already settled on.

In Massachusetts, equitable distribution means that when a couple divorces, the court divides their marital property fairly — but not necessarily equally.

Here’s how it works:
Under Massachusetts General Laws Chapter 208, Section 34, the judge must approach division of assets and liabilities in a way that is “equitable”— meaning fair — after considering a list of factors. The law gives judges wide discretion to decide what’s fair in each case, rather than automatically splitting everything 50/50.

Massachusetts uses an “all property” approach. This means everything either spouse owns can be considered for division — regardless of whose name it’s in or when it was acquired.

That includes:

• The marital home and other real estate
• Bank accounts, retirement accounts, and pensions
• Vehicles, investments, and business interests
• Debts and liabilities
• In some cases, even property acquired before the marriage or by inheritance

The judge looks at many factors to determine what’s fair, including:

• The length of the marriage
• Each spouse’s age, health, income, and ability to obtain/maintain employment 
• Their contributions toward the marriage, including non-financial ones like homemaking or childcare
• Each spouse’s needs and future earning potential
• The conduct of the parties during the marriage (misconduct can sometimes influence division, especially financial misconduct)
• “Equitable” doesn’t mean equal — a 60/40 or even 70/30 split might still be fair depending on the circumstances.
• The Court aims to achieve economic fairness rather than a mechanical division.
• Spouses can also reach their own agreement on how to divide assets, which the court will usually approve if it’s reasonable.

In short, judges have a lot of discretion when it comes to division of assets and liabilities so it is important to seek the advice of skilled family law and divorce attorneys like the attorneys at Wright Family Law Group.

In Massachusetts, alimony isn’t automatic — it depends on the circumstances of your marriage and finances. The Court looks at factors like how long you were married, each person’s income and earning ability, age, health, and what each spouse contributed during the marriage.

If alimony is awarded, the amount usually falls between 30–35% of the difference in gross incomes, and it won’t exceed what the recipient actually needs to maintain a similar lifestyle.

Massachusetts law recognizes four main types of alimony, each serving a different purpose and lasting for a specific period of time:

1. General Term Alimony – This is ongoing support for a former spouse who needs help meeting expenses after the divorce. It usually ends if the recipient remarries, either spouse dies, or the recipient moves in with a new partner for more than three months. The length of time you pay depends on how long you were married — shorter marriages mean shorter alimony terms. For marriages over 20 years, the court can order alimony with no set end date.

2. Rehabilitative Alimony – This short-term support helps a spouse become financially independent — for example, while finishing school or training for a job. It usually lasts no more than five years, unless there are exceptional reasons to extend it.

3. Reimbursement Alimony – This type is for shorter marriages, when one spouse helped the other financially — say, by supporting them through school or a career change. It’s meant to repay that contribution rather than provide ongoing support.

4. Transitional Alimony – This covers the immediate period after a short marriage, helping one spouse adjust to new living expenses or relocate. It’s limited to three years and cannot be extended or modified. Alimony normally ends when the paying spouse reaches full retirement age, unless the court finds a strong reason to continue it. Judges can also modify alimony later if there’s a significant change in circumstances, such as job loss or health problems.

In short, Massachusetts alimony law aims for fairness and flexibility — support should meet a real need, last only as long as necessary, and adjust when life changes.

Legally, you’re free to date while your divorce is pending — Massachusetts doesn’t prohibit it. But from a strategic and emotional standpoint, it’s usually best to proceed with extreme caution, or wait until your case is finalized.

Here’s why:

• It can complicate settlement negotiations. A new relationship can trigger jealousy, anger, or resentment in your spouse, which often makes it harder to reach agreements on money, custody, or property.
• It may affect your credibility in court. While judges don’t punish people for moving on, they do consider how your choices impact your children, finances, and overall stability. If your new relationship creates drama, distractions, or confusion for the kids, it could hurt your position when it comes to child custody.
• It could influence financial outcomes. If you’re living with or supported by a new partner, your spouse may argue that you no longer need as much alimony — or any at all. Massachusetts law even allows judges to suspend or terminate alimony if the recipient has been living with another person for at least three months in a “common household.”

Bottom line: dating before your divorce is final isn’t illegal, but it’s often unwise. Focus on getting through the process cleanly first — it will protect both your legal interests and your peace of mind.