How to Get a Free Divorce in Massachusetts
Divorce is hard enough without the added stress of the high costs associated with it. Many couples stay together simply because divorce is too expensive. Money is no reason to stay trapped in an unhappy marriage. Once you decide a divorce is the right solution for you, proceed with the necessary steps to dissolve the marriage. In Massachusetts, there are ways to get your divorce with little money or no money out of pocket.
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Instructions
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Visit your local Massachusetts courthouse to file a Complaint of Divorce. The first step is to obtain the paperwork. Notify the clerk whether the divorce will be contested or uncontested. Inform the clerk if children or property are involved. There are different documents included in each packet. The courthouse may charge a small fee for printing the papers. If you want to save even more money, you can print your own paperwork. All the papers and documents are available on the Massachusetts Court System official website. Simply visit the Probate and Family Court section. Be sure to print every required form you see listed. Your stack of printed papers should be quite thick.
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Consider free legal assistance. If you qualify, you may be eligible for Legal Aid. The program provides low-income applicants with free legal service and representation. There is usually a waiting list. However, If you want to start the process immediately, you do not need an attorney or Legal Aid to file for divorce. There are many books and even workshops to help you complete the paperwork on your own.
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Complete the paperwork. You will need to complete every paper in the packet. Do not leave anything blank. Your signature must be notarized on several of the papers. If you have a bank account, most banks notarize legal documents free of charge.
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Return to the courthouse with completed paperwork. You will need to file the papers once everything is complete. There is a state filing fee for divorce. If you are deemed indigent, your fee may be waived. If you currently receive TAFDC or other public assistance or your income is less than 125 percent of the federal poverty level, you are likely to be considered indigent. If indigent, there are no other costs associated with the divorce filing or trial. The clerk will ask you a series of questions to see if you are eligible. Complete the Affidavit of Indigency. The clerk will approve the affidavit and provide you with a stamped copy. The sheriff will serve the spouse with his copy of the paperwork.
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Wait for the trial date. There is generally a 20-day waiting period from the time the defendant is served with papers to the date of trial. During that time, you can request temporary orders of custody, visitation or child support.
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