This is the second part in a multi-part series on the divorce process called Divorce 101.
After you have chosen the right divorce attorney for you, the next step is generally filing for divorce. (If you have already been served and can’t file first, don’t sweat, you will still have your day in court.) In Massachusetts we have contested divorces and uncontested divorces. Most people file a 1B divorce which is otherwise known as a contested divorce.
What Documents Are Required to File For Divorce?
Simply speaking, only two documents are absolutely required to begin the contested divorce process: a certified marriage certificate and a Complaint for Divorce. Note: the marriage certificate must be certified which means that it must come from your local city or town hall or the state’s department of vital statistics. Copies from your church, synagogue, etc. do not count as certified. Many attorneys also file temporary orders at the same time as they file the Complaint for Divorce. (Temporary orders are the “rules for the road” covering such things as child support and alimony until either a separation agreement is entered or there is judgment from trial on the issues in the contested divorce and a division of the assets has occurred.) Additionally, attorneys will also file “emergency” motions when filing the Complaint for Divorce because the motions need to be heard quickly. A few examples of such motions are motions to vacate the marital home or restraining orders. Once the Complaint for Divorce has been filed, the divorce process begins.
What Happens After the Complaint for Divorce Is Filed?
The next step is service. A sheriff or process server must deliver, in hand, to your spouse the Complaint for Divorce and any other motions you filed with the court. Service is required to put your spouse on notice that the contested divorce process has started. (If you have been served, the process is slightly different for you. Your next step after choosing an attorney, is filing an answer and helping your attorney prepare to defend against any motions that may have been filed.)
I remind my clients that once we have filed for divorce, the financial restraining order is in effect. I also take the time after the divorce has been filed to have my clients start working on their homework: gather documents for the mandatory disclosure, prepare their marital history, and start looking into parenting classes.
Be sure to check out the posts in my Divorce 101 series:
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