Contested Divorce

Massachusetts Contested Divorce

Massachusetts 1B Complaint for Divorce

If you and your soon-to-be ex-spouse cannot resolve the issues, the divorce will move into litigation. In a Massachusetts contested divorce, one spouse (the plaintiff) files a request for divorce, known as a 1B complaint, in court. The other spouse is named as the defendant.

After filing, the court issues a summons. Your packet of divorce papers typically includes the summons and verified complaint, financial statements, and instructions. In some jurisdictions, you may also see a summons with notice. A filing fee is usually required, though fee waivers may be available for eligible parties.

The papers are served on the defendant by a sheriff, constable, or another process server along with the summons. The complaint can be filed in the county where either spouse lives. If one party lives out of state, most states require residency before filing, usually for at least one year. The plaintiff must prove the allegations in the complaint before a judge grants the divorce. Massachusetts allows “irretrievable breakdown of the marriage” as a no-fault ground for divorce.

Responding to the Complaint

The defendant must answer the complaint in writing within twenty days. After the answer is filed, the case moves into the pretrial period, which may last for several months. During this time, the parties can still settle. If spouses agree—especially if they agree on all issues such as property division, parenting time, child support, and alimony—the case may be resolved without trial and the court may later enter a judgment of divorce.

The Discovery Process

During pretrial or discovery, both sides prepare arguments and gather evidence. Each spouse has the right to review the other’s information. Discovery often includes:

• Interrogatories: written questions answered under oath
• Depositions: oral questioning outside the courtroom
• Document requests: such as financial records

Your lawyer may request documents from you or notify you of upcoming court dates. Both parties must attend all scheduled hearings with their attorneys.

Motions and Pretrial Requests

Attorneys may file motions asking the judge to take certain actions, such as postponing a court date or requiring additional information from the other spouse. The judge decides whether to grant these requests.

Settlement and Trial

The large majority of 1B divorce cases in Massachusetts are settled out of court. If settlement is not achieved, a trial will take place before a judge (without a jury). Each party presents evidence and may call witnesses. After hearing all evidence, the judge reviews the case and issues a decision—ultimately entering a judgment of divorce if appropriate.

Get Legal Help

If you or your spouse plans to dissolve the marriage, you need an experienced Massachusetts family law attorney to guide you through the divorce process. We handle all family law matters with the utmost care and compassion. Call us today toll free at 978-851-2291, or contact us online.

For your convenience, appointments may be scheduled during flexible hours. Our office is centrally located in Tewksbury near Route 93 and Route 495. We serve clients in Middlesex and Essex County.

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