Filing Divorce First Doesn't Matter in Massachusetts. The first person to file the application will choose the grounds for divorce or if he files for a no-fault divorce. The simple answer is that it makes no difference who files for divorce first. Judges in Massachusetts Probate and Family Courts don't care who files first.
For the most part, they don't even care why you're filing for divorce. Anyone who wants to divorce in Massachusetts has the right to obtain one regardless of the reason why. In Massachusetts, filing first shouldn't make a difference to the outcome of a divorce case. A female judge will take into account all the facts and circumstances in order to reach her decision on various issues.
The mere fact that the “petitioner” (the person applying first) is able to speak first during the proceedings is not likely to prejudice the conclusions and judgments of an experienced judge. You don't have to file for divorce in the same state in which you were married. In Massachusetts, the party filing for divorce must have lived here for a year. You can apply in the county where you live or where you and your spouse last lived together.
These actions are much more intense and will increase your attorney's fees. It is recommended that you choose a no-fault divorce, unless you have strong evidence of any grounds for fault and prevailing yields considerable advantages for you. When you file first, you also prevent your spouse from hiding assets. Massachusetts is one of the states that includes an automatic temporary restraining order (ATRO) when divorce papers are served.
This prevents both spouses from selling or transferring the other spouse's insurance, borrowing against their shared property, modifying a policy beneficiaries, or destroying assets. Putting an assets freeze is the way you can protect your future, but it only comes into effect when documents are given to your spouse and not before. In some cases, financially controlled spouses spend money or move it before applying, as a result, when the divorce occurs, their dependent spouse has to spend time proving their actual financial situation or they have to receive less temporary support during the divorce process. If you think your marriage is coming to an end, talk to a Massachusetts divorce lawyer to discuss your particular situation.
An attorney fee compensation may also be included in the final divorce order if you believe that your spouse acted in bad faith during the proceedings. While preparing your divorce forms, you can choose to restore your former name or request a court order to change names. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors and founder of Survive Divorce. It is in your best interest to fully understand all your options when you are thinking about getting a divorce.
Most couples find that they can get through the divorce process without opposition in Massachusetts without hiring a lawyer. It can sometimes be difficult to obtain copies of these documents once divorce proceedings have begun, especially if the spouses are not in a cordial condition. If you do not want to have recourse to a lawyer, it is in your best interest to file an unopposed divorce in which you both agree on all the terms. Cooperation between spouses makes the process easier and less costly, but the bottom line is that one spouse will not be able to prevent another spouse from getting divorced.
Whether you have been served divorce papers or you are considering filing them first, you may want to speak with an experienced divorce attorney in Massachusetts. After you file for divorce, the next steps will depend on whether you are challenged or not contested, as well as whether you have minor children. When you have filed a contested 1B divorce petition in Massachusetts, you must give your spouse the divorce papers, along with a subpoena. And if you have an agreement but don't have the time or other resources to track and complete all divorce forms, you can use an online divorce service that will basically guide you through the process and provide you with the complete paperwork.
This means that the entire process, including negotiations to create a Separation Agreement, usually takes between 7 and 8 months for an uncontested divorce. . .
