The Lewis Leeper Blog

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    Once I file for divorce with the court, how long is it before I get a trial date?

    Each divorce case is unique and the answer to this question depends on many factors such as: which grounds you are using; how rapidly or slowly you are able to complete each step in the process; how long it takes to find and serve your spouse; if your spouse’s address is unknown, serving him/her will take longer; how complete and accurate your papers are; how busy and back logged the court is; whether your spouse contests or disagrees any part of the divorce; and whether there are temporary orders or negotiations in process. There is generally a twenty day waiting […]

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    When should I go to court for my divorce?

    Going to court too quickly can often create more litigation in your divorce. In making your decision to live apart, to divorce or to contest certain issues, weigh the price you will pay with your time, emotional pain and money. Each divorce case is unique. When children are involved, your relationship with your spouse does not end with the separation or divorce. You probably, but not necessarily, will continue to have contact with him/her regarding support, visitation, and other parental responsibilities. You both will be grandparents of your children’s children. If it is appropriate in your situation, for the sake […]

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    How do I start the divorce process?

    You file the Complaint for Divorce and other documents at the court. If there is an Affidavit of Indigency, the clerk will approve it and stamp it, and give you a copy. You will also get a Domestic Relations Summons. Arrange for the sheriff to give a copy of the complaint to the spouse. When the sheriff does this, it is called “service of process,” meaning that the sheriff has served the papers to the spouse. Before trial, either party may request that the court make temporary orders, for example concerning custody, child support, or visitation. Either party must request […]

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    What are the requirements for filing a divorce in Massachusetts?

    You may file for divorce in Massachusetts if:    you have lived here for a year, or  the conduct that is the reason for divorce occurred in Massachusetts and you lived as a married couple in Massachusetts, regardless of where your spouse now lives, or even if his/her address is unknown.  You file a divorce in the Massachusetts Probate and Family Court in the county where you and your spouse last lived together if either of you still lives in that county. If neither of you lives in the county where you last lived together, you may file in the […]

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