Deciding to end a marriage brings legal, financial, and personal questions that can be difficult to sort through at the same time. Who will remain in the family home? How will property and debts be divided? What happens with custody if you have children? Will either spouse pay support? And how long will the process take?

For Quincy residents, divorce cases generally proceed through the Massachusetts Probate and Family Court system. The Norfolk Probate and Family Court, located in Canton, serves Quincy and handles matters involving divorce, custody, parenting time, child support, alimony, and related family-law issues.

Although every marriage and divorce is different, understanding the basic Massachusetts divorce process can help you prepare for what comes next.

Where Do Quincy Residents File for Divorce?

Divorce cases are handled by the Probate and Family Court rather than Quincy District Court.

The Norfolk Probate and Family Court serves Quincy along with numerous other Norfolk County communities. Its current location is 35 Shawmut Road in Canton.

Where a particular divorce should be filed can depend on where the spouses currently live and where they last lived together. Massachusetts also has residency requirements. Generally, a person may file for divorce in Massachusetts if they have lived in the Commonwealth for at least one year or if the reason the marriage ended occurred in Massachusetts and the spouses lived in Massachusetts as a couple.

Massachusetts Has More Than One Type of Divorce

One of the first decisions is determining what type of divorce applies.

Massachusetts recognizes both no-fault and fault-based divorce. Most divorces proceed on the no-fault ground that the marriage has suffered an “irretrievable breakdown.” Massachusetts divides no-fault cases primarily into two categories commonly called 1A and 1B divorces.

1A Uncontested Divorce

A 1A divorce may be appropriate when both spouses agree that the marriage is over and have reached a written agreement resolving the issues involved in ending the marriage.

Depending on the family, that agreement may need to address:

• Division of marital property
• Allocation of debts
• Child custody
• Parenting time
• Child support
• Alimony
• Other financial responsibilities

The spouses submit a joint petition and a notarized separation agreement to the court. A judge reviews the agreement to determine whether the necessary issues have been addressed and whether the agreement is fair.

An uncontested divorce does not necessarily mean that the spouses agreed about everything from the beginning. Some couples spend considerable time negotiating before reaching an agreement that allows them to proceed under 1A.

What If You and Your Spouse Don’t Agree?

When the marriage has ended but the spouses cannot agree on one or more important issues, the case may proceed as a 1B contested no-fault divorce.

Disagreements may involve:

• Who should have physical custody of the children
• Parenting schedules
• Child support
• Ownership of the marital home
• Retirement accounts
• Business interests
• Allocation of debt
• Alimony

A contested divorce does not necessarily mean the case will ultimately go to trial.

Spouses can continue negotiating after the case has been filed. If they eventually resolve all outstanding issues, Massachusetts procedures allow a 1B matter to be changed to a 1A divorce.

What Happens After a Divorce Is Filed?

The exact process depends on whether the case is contested, but a divorce may involve several stages.

In a contested case, the spouse initiating the divorce files the required complaint and supporting documents. The other spouse must then be formally served.

Financial information is also an important part of the process. Financial statements help the parties and the court understand income, expenses, assets, and liabilities.

If disagreements remain, the case may involve negotiations, discovery, motions, temporary orders, pretrial proceedings, and potentially a trial. Massachusetts describes discovery as an opportunity to obtain information from the other party, which can include requesting documents and submitting written questions.

Temporary Orders Can Matter

A divorce can take time, but families often cannot wait until the final judgment to resolve every issue.

For example, spouses may need immediate answers regarding:

• Where children will live
• Parenting schedules
• Child support
• Who pays household expenses
• Use of certain marital property

Massachusetts allows parties to request temporary orders while a divorce is pending. These orders can establish rules for the family until the parties reach an agreement or the court enters further orders.

Because temporary arrangements can significantly affect everyday family life, this stage of a divorce deserves careful attention.

How Is Child Custody Handled?

When divorcing spouses have minor children, custody and parenting time can become some of the most important issues in the case.

Massachusetts courts make custody decisions according to the best interests of the child.

Factors the court may consider include the child’s well-being, adjustment to school and community, relationships with parents and family members, whether one parent historically acted as the primary caregiver, and any history involving abuse, drug use, or abandonment. Depending on the child’s age and maturity, the child’s preference may also be considered, although it is not controlling.

Custody is therefore not simply about which parent wants more parenting time. The court’s focus is on the child’s welfare.

What Happens to the House, Savings, and Other Property?

Property division can become one of the most complicated aspects of divorce, particularly after a long marriage or when spouses own significant assets.

Issues may involve:

• The marital residence
• Bank accounts
• Retirement accounts
• Investments
• Vehicles
• Businesses
• Personal property
• Debts and liabilities

Financial disclosure is an important part of the divorce process, particularly when property or support is disputed.

The goal should be to understand the complete financial picture before agreeing to a settlement that may have long-term consequences.

We’ll cover this subject much more extensively in the upcoming article “Property Division in Massachusetts Divorce (Quincy Focus).”

Is Alimony Automatically Awarded?

No.

Alimony is not automatically required simply because two people divorce.

Massachusetts describes alimony as support paid by a spouse with the ability to pay to a spouse who needs support. Judges may consider factors including the length of the marriage, the spouses’ ages and health, income and employability, contributions to the marriage, marital lifestyle, lost economic opportunities, and other relevant circumstances.

This makes alimony a highly fact-specific issue.

What If There Is an OUI or Other Criminal Case?

Criminal charges involving either spouse can sometimes become relevant to a divorce, particularly when the allegations raise concerns about children or family safety.

An arrest by itself does not automatically determine custody. Massachusetts custody decisions remain centered on the child’s best interests. The court may consider issues such as a parent’s history of substance use and other circumstances affecting a child’s welfare.

This can become especially complicated when a criminal case and family-law case are happening simultaneously.

We’ll address that intersection separately in “Can OUI Charges Affect Custody in Quincy?”

How Long Does a Massachusetts Divorce Take?

There isn’t one timeline for every divorce.

A relatively straightforward uncontested case can proceed differently from a contested divorce involving significant disputes over children, finances, or property.

Massachusetts also has a period between the divorce judgment and the date the divorce becomes legally final, known as the nisi period.

For a 1A divorce, the divorce becomes final 120 days from the judgment date. For a 1B or fault divorce, it generally becomes final 90 days from the hearing date if judgment enters.

A heavily contested case may take considerably longer to reach judgment in the first place.

Do You Need a Lawyer to Get Divorced in Quincy?

Massachusetts residents can represent themselves in divorce proceedings, but being permitted to do so doesn’t necessarily mean it is the best choice for every situation.

Divorce can create legal consequences involving your children, home, retirement savings, income, debts, and future financial security.

Legal representation may be particularly important when:

• Custody is disputed
• One spouse owns a business
• Significant assets are involved
• You suspect assets are being hidden
• Alimony is disputed
• Domestic abuse is involved
• One spouse already has an attorney
• Criminal allegations overlap with the divorce
• Negotiations have broken down

An attorney can also help determine whether a proposed separation agreement adequately protects your interests before you sign it.

Preparing for Divorce in Quincy

If you’re considering divorce, preparation can make the process easier.

Start gathering information concerning your finances, including income, bank accounts, retirement accounts, mortgages, debts, insurance, and significant assets.

If children are involved, begin thinking carefully about their routines and practical needs rather than approaching custody solely as a dispute between parents.

Most importantly, avoid making major financial or parenting decisions based solely on emotion during the early stages of separation.

Divorce changes a legal and financial relationship that may have developed over many years. Decisions made during the process can continue affecting you long after the divorce becomes final.

Speak With a Quincy Divorce Lawyer Today

If you’re considering divorce in Quincy, you don’t have to work through questions about property, custody, support, and your financial future alone. Understanding your rights before making major decisions can help you approach the divorce process with a clearer picture of what is at stake.

Brian D. Roman, Attorney At Law can review the circumstances surrounding your divorce, explain how Massachusetts family law applies, and help you determine the appropriate path forward.

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Contact the firm today to discuss your case and begin protecting your future.