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Legal Information: Massachusetts

Divorce

Updated: 
December 14, 2023

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

  • First, you must meet the state’s residency requirements to file.
  • Second, you must have “grounds,” which means a legally acceptable reason to end your marriage.
  • Third, you must file divorce papers and have copies sent to your spouse. (To learn more about filing a summons, preparing a petition, and service of process, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.)
  • Fourth, if your spouse disagrees with anything in the divorce papers, s/he will then have the opportunity to file papers telling his/her side. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, s/he should sign the papers and send them back to you and the court. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
  • Fifth, if there is a property that you need dividing, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, in a series of court hearings, or the judge will decide at trial. Custody may also be decided as part of your divorce.

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question: What is service of process and how do I accomplish it?