Do not include sensitive information, such as Social Security or bank account numbers. Your feedback will not receive a response. Thanks, your message has been sent to Probate and Family Court! Survey Tell us more about your experience How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree?
Strongly Disagree. This page is helpful. This page is easy to use. I am confident that I will find the information that I need. What did you come here to do today? What other feedback do you have about Mass. Thanks, your survey has been submitted to the Mass. If both parties agree to all issues within the case, the case may proceed by the parties filing a consent decree. If the Petition for Dissolution has been filed and served on the other party and a response has not filed within the allotted time period, the filing party may apply for a default.
The person filing for the divorce is called the Petitioner. The person responding to the divorce is called the Respondent. The instructions and forms are broken down into 4 different packets:. You may also complete required forms online through ezCourtForms. This interactive program will help you complete needed forms. If you file your divorce online, you will need to pay your filing fee using a credit or debit card.
If you hire an attorney, they may take your personal information, complete the requisite forms and file them for you; you will still need to provide the filing fee unless you request the fee be waived. If you and your spouse do not have any unresolved issues, you may create a settlement agreement that stipulates how property is divided, child custody and visitation are allocated, and spousal support is structured.
You may file jointly for divorce in some jurisdictions. Divorce is actually a legal procedure between you and your spouse, so, in order to satisfy legal requirements, you must properly notify your spouse that legal action is being taken against them.
In a divorce proceeding, this is called Service of Process and involves delivering copies of the Petition for Divorce along with supporting documents to your spouse in a timely manner. Some online divorce services offer you the ability to use their serving services which makes the divorce process much easier on you. In most states, you must complete Service of Process within a given time period after filing your petition. You may fulfill this legal requirement in one of the following ways:.
Once Service of Process has been completed, your spouse will have a legally stipulated number of days to respond to the petition or lose certain legal rights under the law. If your spouse does not respond to the Petition for Divorce, then the judge may assume that the respondent is waiving their right to participate in the divorce proceedings. In this case, the court will likely grant the plaintiff most or all they are seeking in the Petition for Divorce. If your spouse does not wish to contest the Petition for Divorce, they may file an Answer that concedes all of the requests in the Petition.
Like mentioned before, if you are filing a divorce online, you must make sure that your divorce is uncontested. This obviates the need for a trial and allows parties to proceed through the uncontested divorce process. While some jurisdictions may require at least a minor court hearing to confirm certain details of the divorce settlement, others will issue a Final Decree of Divorce without such a hearing.
If you have minor children in the household, there is a greater chance a hearing will be necessary. If your spouse files an Answer that disputes details in the Petition for Divorce, then the judge will order you and your spouse to trial. There may be a number of hearings and legal proceedings before a trial occurs, so you will probably need an attorney to guide you through the process.
This may be a lengthy and complex process that could cost you a great deal personally and financially. If you and your spouse are cannot come to an agreement on issues related to the divorce, you will have to endure a long and costly legal process that will include a jury or bench trial.
Because your spouse will probably hire an attorney to protect their interests, you should also hire one. Keep in mind the following about a contested divorce:. In many states, if you and your spouse agree on all of the issues related to the divorce and meet certain criteria, you may proceed through an expedited, uncontested divorce process that is simpler, faster and usually cheaper. This process allows you to file a divorce settlement agreement that details division of assets and debts, spousal support and child custody.
This process may be completed much faster if you use an online divorce filing service Best online divorce services. If your state does not offer a special procedure for uncontested divorce, you may still use the normal divorce process. By far, the easiest and cheapest way to complete the divorce process is if you are in full agreement about major issues with your spouse and you represent yourself; you may also be able to use an online divorce process for uncontested divorces.
That is why you should make every effort to come to an agreement with your spouse prior to starting the divorce procedure. Many states require or encourage couples seeking a divorce to use a mediation service prior to finalizing the divorce. Mediators are conflict resolution experts, often with legal training, who attempt to help couples come to an agreement on ongoing issues.
Mediation is not legally binding, but it may help shorten the divorce process or make it unnecessary. On average, mediation is percent cheaper than a traditional divorce. In cases where you and your spouse cannot come to an agreement on major issues, the judge will schedule a bench or jury trial that will require you and your spouse to present arguments supporting your respective positions. In the vast majority of trials, it is the attorneys with trial experience that do most of the arguing and presenting evidence.
In addition to the legal fees paid to the attorneys, there are usually many court costs involved in a trial and pre-trial proceedings. If you plan on filing for divorce, you should be aware of how most courts typically adjudicate these issues. One of the most divisive issues of almost any divorce is property distribution. Although each state has its own history, many courts use some or all of the following factors to determine asset allocation:.
In almost all U. Many courts prefer to confer joint custody, while some feel that primary custody by one parent with generous visitation rights for the other is preferable. The court will often take into consideration the following criteria before making a determination:. Throughout the country, alimony or spousal maintenance is available as temporary, short-term or long-term. Temporary alimony includes payments made during the course of the divorce proceedings, while short-term involves a limited period following the divorce.
Long-term spousal maintenance is essentially permanent, but most courts rarely award long-term alimony. In most cases, alimony is short-term and is intended to allow the dependent spouse to obtain skills to sustain themselves. The court will often consider the following when awarding alimony:.
0コメント