Divorce is an emotional process that can feel overwhelming, but understanding the steps involved can help ease some of the uncertainty.
At Reade Law Firm, we know that legal terms like “divorce decree” may sound intimidating, but they’re simply part of the process that makes your divorce official.
In this article, we’ll explain what a divorce decree is, why it’s important, and how to obtain one in Massachusetts.
What Is a Divorce Decree?
A divorce decree is the final court order that officially ends your marriage. Think of it as the document that confirms your divorce is complete. It’s issued by the Probate and Family Court in Massachusetts and includes important details like:
- How property and debts are divided.
- Custody arrangements for children.
- Child support and alimony orders.
- Any other terms agreed upon or decided by the court.
This document is crucial because it explains the responsibilities and rights of both people after the divorce is finalized. Without a divorce decree, your separation isn’t legally official.
Grounds for Divorce in Massachusetts
In Massachusetts, divorces can proceed on two main grounds:
1. No-Fault Divorce
Most couples opt for a no-fault divorce, which simply states that the marriage has irretrievably broken down. This doesn’t require either party to prove wrongdoing. It’s often the quicker and less contentious option.
2. Fault-Based Divorce
Although less common, Massachusetts allows divorces based on specific faults like:
- Adultery
- Cruelty or abuse
- Abandonment
- Drug or alcohol addiction
Fault-based divorces may result in longer court proceedings, as they often require evidence to support the claims.
Steps to Obtaining a Divorce Decree in Massachusetts
The process of getting a divorce decree can vary depending on the complexity of your case. Here’s a step-by-step breakdown:
Residency Requirement
Before filing for divorce in Massachusetts, at least one spouse must have lived in the state for one year. If the grounds for divorce happened in Massachusetts, this requirement may not apply.
Filing the Complaint for Divorce
The divorce process begins when one spouse files a Complaint for Divorce with the Probate and Family Court. You’ll also need to submit:
- A certified copy of your marriage certificate.
- Financial statements.
- Other relevant forms are required by the court.
Serving the Defendant
After the complaint is filed, the other spouse (called the defendant) must be officially notified. This happens through a domestic relations summons, which lets them know about the legal action.
Temporary Orders (if needed)
In some situations, the court might issue temporary orders for things like child support, custody, or living arrangements. These orders stay in place until the final divorce decree is issued.
Discovery
Discovery is the process where both parties exchange information about finances, property, and other relevant details. This can include:
- Interrogatories (written questions).
- Depositions.
- Requests for documents.
Negotiation and Settlement
Most divorces are resolved through negotiation, where both parties agree on key terms. Once an agreement is reached, it’s documented in a Separation Agreement and presented to the court for approval.
Trial (if no agreement is reached)
If an agreement isn’t possible, the case proceeds to trial. A judge will hear evidence and make decisions about property division, custody, and support.
Judgment of Divorce Nisi
The court issues a Judgment of Divorce Nisi, which is a temporary order. In Massachusetts, this becomes final after a 90-day waiting period.
Judgment of Divorce Absolute
After the waiting period, the divorce is finalized with a Judgment of Divorce Absolute. This is your official divorce decree.
How to Get a Copy of Your Divorce Decree
Once your divorce is finalized, you may need a certified copy of the decree for various purposes, such as updating legal documents or resolving disputes. Here’s how to get one:
- Contact the Probate and Family Court where your divorce was processed.
- Provide your docket number (this can be found on court documents).
- Pay a small fee (typically $20-$25).
If you’ve misplaced your docket number, the court can often locate your records using other identifying information.
Key Issues Addressed in a Divorce Decree
Your divorce decree will cover several critical aspects of your post-divorce life:
Division of Marital Property
Massachusetts follows an equitable distribution model, meaning property and debts are divided fairly, though not necessarily equally. Factors like the length of the marriage and each spouse’s contributions are considered.
Alimony (Spousal Support)
Courts may order alimony based on factors like:
- The length of the marriage.
- Each spouse’s earning capacity.
- Contributions made during the marriage.
Types of alimony include rehabilitative alimony (short-term support) and general-term alimony (longer-term support).
Child Custody and Parenting Time
Custody arrangements are based on the best interests of the child. This can include:
- Legal custody (decision-making power).
- Physical custody (where the child lives).
Child Support
Massachusetts uses a formula to calculate child support, considering both parents’ incomes and the child’s needs. The decree will specify payment amounts and schedules.
Other Issues
Your decree may also address:
- Health and life insurance responsibilities.
- Division of retirement accounts.
- Tax implications of property transfers.
Facing Divorce? Reade Law Firm Can Help.
Going through a divorce is never easy, but you don’t have to face it alone. At Reade Law Firm, we take the time to understand your unique situation and guide you through every step of the process. Whether you’re filing for divorce or need help enforcing a decree, we’re here to provide personalized support and practical solutions.
Call us today at (978) 767-8383 or visit our website to schedule a consultation. Together, we’ll work toward a resolution that sets you up for a better future.