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Massachusetts Simplified Divorce Procedures

An action for divorce on the grounds of irretrievable breakdown of the marriage may be instituted by filing: (1) a petition signed by both spouses; (2) a sworn affidavit that an irretrievable breakdown of the marriage exists; and (3) a notarized separation agreement signed by both spouses. A marital settlement agreement is an acceptable substitute for a separation agreement. No summons will be required. Such petitions are to be given a speedy hearing. Marital fault is not to be considered in any decision of the court on property division or maintenance. In addition, there are sample divorce forms for use in divorces set out in the Massachusetts Rules of Court Appendix of Forms. A Financial Statement must be filed in all divorce cases. There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms. Finally, in every action for divorce, a Public Health Statistical Report must be filed by each spouse. Copies of this form are available from the offices of the Registers of Probate. [Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 6B and Massachusetts Rules of Court; Appendix of Forms].

Each state has its own unique filing procedure. When filing for divorce in Massachusetts, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You can visit the Massachusetts state statutes located at: LINK to learn more about these documents. You will discover that some documents may be provided by the Massachusetts Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Massachusetts Laws and the filing requirements.