Massachusetts Divorce Law

The decision to get a divorce can be a highly emotional time during an individual’s life, but it does not have to be confusing with the assistance of the attorneys at Kelliher & Beyer, LLP.

While each divorce case will have its own unique set of circumstances, the court applies the same statutes and case law to each case. We can help you navigate the complex areas of law to work towards a resolution that is in your best interests. Before you contact our office, you may want to read through some basic information, which
is not to be construed as legal advice. Please contact us to request a free thirty minute consultation with one of our attorneys to assist you with your needs.

Issues

Can I File for Divorce in Massachusetts?

There are two (2) ways you are eligible to file for a divorce in Massachusetts:
1. If you have lived here for a year; or
2. If you previously lived in Massachusetts as a married couple and the reason the
marriage ended happened in Massachusetts.

How Do I Start the Divorce Process?

 

Ensure you are ready first. Going through a divorce is not an easy process. It can be both emotionally draining and time-consuming. It is important to secure trusted representation to protect your financial and personal interests. There are two ways to seek a divorce: either contested or uncontested. A contested divorce means only one partner wants the divorce, and that partner would be the one to file a Complaint for Divorce. If a more agreeable relationship exists between you and your former partner, then an uncontested divorce may be the best choice for you. An uncontested divorce is possible if you and your former partner can come to an agreement regarding your assets and your children. This will save both you and your former partner time and money, while maintaining bonds you need to co-parent successfully.

Kelliher & Beyer, LLP is here to assist you with every step, whether you and your former partner would like us to work with you on an uncontested divorce, or to solely represent you in your divorce process. We are here to help explain each step of the way.

Can I Represent Myself in my Divorce?

A “pro se litigant” is someone who is not an attorney, and choses to represent themselves in their own litigation. In accordance with Massachusetts law, you have the right to represent yourself in the courtroom for any legal matter, including divorce. This also means that you will be held to the same standard as someone who is represented by counsel. While appearing “pro se” has financial short-term benefits, it could become costly in the long-term if you agree to something you did not understand. Furthermore, if there are children involved or property to divide, it is important to have an attorney to represent your interests. Let Kelliher & Beyer, LLP assist you with your divorce and save you the headache of navigating the judicial system.

 

Is Divorce the Only Way?

No, if you do not want to have a judgment ending your marriage then there are other options. Married couples may choose to live in separate residences for different reasons. If you find yourself in that scenario then you may choose to seek legal alternatives to divorce, which can help to resolve custody issues as well.