In Massachusetts What Happens if My Spouse is Refusing a Divorce?
If a spouse refuses to sign divorce papers or agree to the divorce, you would need to file what is considered a Contested Divorce. You will be serving the other party with divorce papers meaning that the other spouse is notified that you filed for the divorce and they have an opportunity to appear. You will have to serve the divorce papers with a constable or a sheriff. If it is unknown where the other spouse is, you can do a summons by publication and still proceed in court even if the other spouse refuses the divorce.
What in Massachusetts are the Separation Requirements for Divorce?
Massachusetts does not have what many people call a “Legal Separation”. You do not need the court’s permission to move out of the house or away from your spouse. A Separation Agreement which are sometimes called Divorce Agreements occur before a divorce to set out what is going to happen in regards child support, custody, division of assets, debt along with spousal support and health insurance.
How Long in Massachusetts is the Waiting Period for Divorce?
Once the judge signs the Judgment of Divorce there is either a 90-day waiting period before it becomes final and absolute or a 120-day waiting period depending on the type of divorce that you filed. The Agreement would be valid once the judge approves it, but again you would either have to wait the 90 or 120 days.