Divorce timelines in Massachusetts are notably distinct from the rest of the country due to a specific statutory waiting period. Nevertheless, the duration of your divorce will depend heavily on whether you agree on all major issues. Please continue reading to discover what makes a divorce move faster or slower, and how having a skilled Mansfield Divorce Lawyer can help you navigate this complex process. 

Do You Meet Massachusetts’s Residency Requirements?

Under M.G.L. c. 208, § 5, there is no minimum residency duration if the grounds for divorce occurred in Massachusetts; you must only be domiciled in the state when initiating the process. If the grounds occurred elsewhere, one party must have lived in Massachusetts for one year before filing the petition. There is no separation period required, enabling either party to file immediately once residency is established. 

What’s the Difference Between a 1A and 1B Divorce? 

When it comes to choosing the right divorce path for your unique circumstances, it’s crucial to understand the key distinctions between a 1A and 1B divorce. A 1A divorce is an uncontested joint petition where both parties agree on all of the terms that will apply to the termination of the marriage and file a signed separation agreement. 

A 1B divorce, on the other hand, is a contested filing, where one party files and the other may dispute the proposed terms. These divorce routes involve different timelines for both the initial hearing and the resolution of the case. 

How Long Does an Uncontested (1A) Divorce Take?

Generally, a 1A case spans 4 to 6 months from the start to the final decree. You can usually expect your court date within 4 to 6 weeks, and the court will issue the Judgment of Divorce Nisi about 30 days after your hearing concludes. From here, a required 90-day nisi period begins, meaning the divorce is final 120 days after the initial judgment. 

How Long Does a Contested (1B) Divorce Take?

A 1B divorce actually has a faster 90-day final nisi period compared to 1A cases. The catch is that a hearing cannot happen until 6 months after you file, which adds a long wait at the start of the process. Most contested cases take 9 to 18 months, though very complex divorces can last 2 to 3 years. 

Keep in mind that even though the end-stage waiting period is shorter for 1B cases, the 6-month mandatory delay and the time required to resolve disagreements make these divorces much slower overall. 

What Else Can Affect Your Timeline?

Several factors can influence the overall duration of your divorce: 

  • Children: If you have minor children, you will likely need ot finish a court-ordered parenting class. 
  • Court Backlogs: Different counties have different schedules, which impact how fast you can see a judge. 
  • Serving Papers: In 1B cases, the timeline can be pushed back if it takes a long time to find and serve the other party. 

If you’re considering a divorce in Massachusetts, please don’t hesitate to contact an attorney at The Law Offices of Cynthia L. Hanley, P.C. for a consultation to discuss your options.