Do it Yourself Divorce in Massachusetts

Divorce can break your heart.

Massachusetts permits two types of divorces: fault and no-fault. In a fault-based divorce, one party is blamed for the breakdown of the marital relationship. Reasons for a fault-based divorce include extreme cruelty, desertion, severe drinking or drug problems, impotency or adultery. No-fault divorces are based on irreconcilable differences between the couple. The divorce process begins when a divorce complaint is filed.

Instructions

1. File a Divorce Complaint with the Probate and Family Court. If there are minor children involved, you will also have to file an Affidavit Disclosing Care and Custody Proceedings form. In addition, you and your spouse will have to each pay $50 to attend a parenting class.

2. Pay the filing fee. The fee to file for divorce in Massachusetts is $215. You can file an Affidavit of Indigency if you cannot afford to pay the filing fee. You must have a very low income and be receiving public assistance in order to qualify for a fee waiver.

3. Have your spouse served with divorce papers. A sheriff or any adult age 18 or over may serve your spouse with the complaint for divorce. If you are unable to locate your spouse, you can publish the complaint in the newspaper.

4. Attend the divorce hearing. If the judge deems everything regarding your divorce to be in good order, he will sign the final judgment of divorce. It takes approximately four months to be declared officially divorced.

References

• Probate and Family Court

Resources

• Divorce Complaint Form
• Affidavit of Indigency
• Probate and Family Courts by County
• Statistical Form
• Massachusetts Probate and Family Court