Divorce can be an especially stressful and emotionally charged experience. Not only does it affect the people involved, but it can also have far-reaching consequences for families, children, and finances. Here is what you can expect when you file for divorce in Westborough, Massachusetts.

Filing for Divorce in Westborough

In Westborough and throughout Massachusetts, divorces are most commonly filed on a “no-fault” basis and can be either “contested” or “uncontested.” A “contested” divorce means one or both parties disagree with the divorce or its terms, while an “uncontested” divorce means both parties agree on everything when they file. In Massachusetts, there are seven “fault” grounds, where one person is blamed for ending the marriage, and a “no-fault” option, where neither spouse is blamed.

Most people file for a “no-fault” divorce, called “Irretrievable Breakdown of Marriage,” which means the marriage is beyond repair without officially blaming either party. No-fault divorces are generally the standard in Massachusetts, even if you or your spouse believe that the either party has done something wrong in the marriage because proving fault can become an incredibly expensive and time-consuming endeavor which does not generally give either party an obvious advantage once having been proven. Our Westborough divorce attorneys can help you determine your options moving forward in the Massachusetts divorce process.

What Does the Divorce Process Look Like?

Each divorce is different due to the unique circumstances and people involved. However, the divorce process in Westborough usually follows a particular path. Here are the basic steps that you will go through during your Westborough divorce.

Filing the Petition

One spouse (the “plaintiff” or “petitioner”) files a divorce petition with the court, explaining why they want to get a divorce. The reason cited is generally an “irretrievable breakdown of marriage” which means that one or both parties have decided that they would no longer like to be married to their spouse.

Serving the Divorce Papers

The other spouse (the “defendant” or “respondent”) gets served with the divorce papers. They then need to officially acknowledge that they’ve received them.

Response

The respondent has a set amount of time (in Massachusetts, the respondent has 20 days) to respond to the petition. They can either agree with it or challenge things in it.

Temporary Orders

If necessary, either spouse can ask for temporary orders during the divorce process, such as who gets the kids, alimony (spousal support), or who stays in the marital home.

Discovery

Both parties swap important information, like financial details and documents about assets and debts, to figure out how to divide everything up and handle support issues.

Negotiation/Mediation

The spouses, with their legal teams, negotiate and work out the details of how to divide assets and handle alimony, child support, and custody. It is ideal that things get settled before trial to avoid high costs and lengthy trials. A majority of divorces end up settling before trial.

Trial

If the spouses can’t agree, the case goes to trial. Each side presents its evidence and arguments, and a judge makes the final decision on dividing property, custody, and support.

Final Divorce Decree

After the judge approves the agreement or makes a ruling, they issue a final divorce decree, officially ending the marriage. This decree covers all the final decisions on property, custody, and support.

Post-Divorce Motions

After the divorce is finalized, either party can file requests to change or enforce the final orders if circumstances change, like needing to adjust custody or support through a modification.

Common Things That Happen in Divorce Cases

Divorce cases can bring up a lot of different legal challenges, and Westborough divorce attorneys can help you handle them. Some of the most common issues include:

Alimony

• Alimony, or spousal support, is another common issue. Factors like how long the marriage lasted, each spouse’s finances, and contributions to the marriage can determine if one person is entitled to support. A Westborough divorce lawyer negotiates or fights for the right alimony arrangement to protect their client’s financial interests.

Child Custody

• Custody battles can get very emotional and complicated. Courts focus on the best interests of the children when determining custody arrangements. A Westborough divorce lawyer can help the court see that their client can provide a stable and loving environment, and they can push for fair custody and visitation arrangements as applicable.

Child Support

• Child support is determined by factors including each parent’s income and the child’s needs. A Westborough divorce lawyer ensures that support is calculated fairly and that both the custodial and non-custodial parents are treated justly.

Property Division

• Dividing up marital property is often one of the trickiest parts of a divorce. Depending on the state, assets might be split equally (community property) or fairly (which doesn’t always mean equally). A Westborough divorce lawyer makes sure their client gets a fair portion of the assets according to Massachusetts property division laws.

How Long Does the Divorce Process Take?

The answer to this question is: it depends. Divorces vary, but the quickest are uncontested. An uncontested divorce happens when both spouses agree on everything, like property division and child support, and just need the judge’s approval. Mostly out-of-court divorces might wrap up in months, while contested ones can take years, especially if there are issues such as child custody or significant assets at stake.

Hire Our Westborough Divorce Attorneys

Some folks have no property, no animosity, and they can get the divorce process done with minimal intervention. Most divorces, however, are complicated, even when parties are agreeable. While it might be tempting to try and handle things on your own, divorce law can be tricky. Divorce, like marriage, is a legal process, which means that you can unwittingly lose rights or gain responsibilities if you do not understand the process.

This is where a Westborough divorce lawyer steps in. They can provide essential legal guidance, representation, and advocacy throughout the process. Having a Westborough divorce lawyer helps you avoid unnecessary headaches and ensures that everything is handled properly—whether you are aiming for an amicable split or fighting for custody and assets. They provide the expertise and support you need to move forward confidently.

Contact Skilled Westborough Divorce Attorneys

Going through a divorce is a major life event, and having the right legal support makes all the difference. Our knowledgeable Westborough divorce attorneys can guide you through the legal process with compassion and care.

From handling paperwork to negotiating settlements and representing you in court, we’re here to ensure your rights are protected and that you get a fair outcome. Contact us to learn more about how we can help you navigate your family law case.