In Massachusetts Do I have to go to Court to get the Divorce Finalized?
Even for an uncontested or a simple divorce you do need to attend a hearing before a Judge and testify under oath to simple questions like the date of marriage, if it is an irretrievable breakdown, if you filled out a Financial Statement and so forth.
There are some circumstances where you can do a Motion to Waive your Appearance or a Motion to Appear Telephonically. Usually these are more significant reasons such as you are out of state or it would be a significant heart ship to be in court rather than being slightly inconvenient.
Does Massachusetts have a Separation Requirement?
Massachusetts does not have what is called “Legal Separation”. You need court permission to live away from your spouse. Separation Agreements occur before the divorce to set out what the terms are in terms of child custody, divisions of property and so forth.
What is Massachusetts Waiting Period for in Divorces?
Once the Judge signs the Judgment of Divorce it becomes final or absolute 90 days after a waiting period. The Separation Agreement is found valid that day, but it is antiquated in terms of the reasoning to wait 90 days.
If you file a Joint Petition for Divorce, you can get into Court earlier, but there is a total of 120-day period.