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.

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 the divorce is a contested matter, 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.

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 joint 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.

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.

Yes, even uncontested 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 telephonically. This can be facilitated further if you have an attorney to appear in your place.

Yes, even uncontested 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 decrees) 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. 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.

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 petition for a change of name 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, 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 978-851-2291 or contact us online to schedule a free telephone consultation.

Studies show that more than one-third of couples in a relationship or marriage report that financial issues are the leading cause of stress. For some, this financial strain may lead from a happy marriage to the courtroom.

While divorce can introduce financial challenges, as individuals may find themselves with reduced income for managing expenses, it also presents several potential advantages. Here are seven positive financial aspects that may emerge from divorce:

1. Simplified Budget Management and Enhanced Financial Autonomy: Post-divorce, individuals gain full control over their finances, allowing them to make budgetary decisions without needing to compromise or consult with a partner. This autonomy can lead to more efficient and tailored financial planning, where one can allocate resources according to personal priorities and needs without external influence.
2. The Chance to Withdraw from Retirement Savings Without Penalties: In certain divorce settlements, individuals may access their ex-spouse’s retirement funds, such as a 401(k) or IRA, without the usual early withdrawal penalties. This provision, often facilitated through a Qualified Domestic Relations Order (QDRO), can provide essential liquidity during the transition period following a divorce.
3. Improved Possibilities for Investment Gains: With the division of assets, divorcees might find themselves with a lump sum of money or investments that they can manage according to their risk tolerance and investment goals. This newfound control can lead to more aggressive or tailored investment strategies, potentially leading to better returns compared to the conservative or mismatched strategies during marriage.
4. Increased Eligibility for Financial Aid for Children’s Education: Single-parent status can affect the calculation of financial aid for children’s college education. The Free Application for Federal Student Aid (FAFSA) and other financial aid formulas typically consider only the income of the custodial parent, which may lower the family’s estimated contribution and increase the child’s eligibility for grants, scholarships, and loans.
5. Benefits Related to Social Security for Those Who Are Older: Individuals aged 62 or older who were married for at least 10 years are eligible for Social Security benefits based on their ex-spouse’s record, provided they are not remarried. This can be particularly advantageous if the ex-spouse’s earnings record is higher, as it may result in higher benefits than claiming on one’s own record.
6. The Opportunity to Reassess and Prioritize Financial Goals: Divorce offers a chance to reset and reconsider one’s financial objectives. Individuals can reassess their long-term goals, such as retirement planning, investments, and savings strategies, to better align with their current situation and future aspirations. This period of reflection can lead to more focused and effective financial planning.
7. An Overall Improvement in Financial Standing: Although the initial phase of divorce might bring financial strain, the long-term outcome can be financially beneficial for some. The redistribution of assets and liabilities, combined with the potential for alimony or child support, can lead to a more secure and stable financial situation. Additionally, the elimination of the costs associated with an unhappy marriage, such as therapy or marriage counseling, can further improve one’s financial health.

While divorce undoubtedly presents challenges, these areas highlight how it can also serve as a catalyst for financial independence and growth, allowing individuals to emerge stronger and more financially savvy.