How to Prepare for Divorce in Massachusetts
Preparing for divorce in Massachusetts can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in Massachusetts
Fault Type
Both fault and no-fault
Waiting Period
120 days for uncontested
Property Division
Equitable distribution
Residency Requirement
Varies by where marriage occurred
- Massachusetts allows both fault and no-fault divorce.
- Uncontested divorces require a 120-day waiting period.
- Contested divorces can take significantly longer.
How to Prepare for Divorce in Massachusetts
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (Varies by where marriage occurred)
- Decide whether an attorney or mediator best fits your situation
- Research Massachusetts's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Massachusetts courts consider all property for equitable distribution, including assets acquired before marriage.
👨👩👧👦 If You Have Children
- Learn Massachusetts custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Massachusetts courts prioritize the child's best interest and consider the child's preference if old enough.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
Massachusetts Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during Massachusetts's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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