Tiimeline for Divorce

              This question comes up in almost every initial session and understandably so.  Timing in a divorce case is critical and often poses challenges.  Sometimes one person (typically the person initiating the divorce)  is ready to move forward at a much quicker pace than the other party.  Thus, one of the first issues mediated may be how quickly are we going to move forward on this.  Timing issues also come into play in connection with one party moving out of the house.  How quickly will that happen?  Will the person moving out buy another house or rent?  That question may depend on how quickly the mediation process proceeds.  Timing also comes into play with respect to taxes and whether the couple will be able to file individual taxes or as a married couple.

              How quickly a couple wants to finish their divorce mediation is completely up to them.  If the couple is able to complete the financial forms, exchange the necessary financial documents and obtain any necessary appraisals and account information, the mediation process could take as little as several weeks.  The more homework the couple is able to do outside of mediation, the faster the process will go. On the other hand, depending on the complexity of the finances, it often takes weeks if not months for clients to obtain the necessary information and fill out the financial statements. 

              The critical thing to know is that how fast the mediation process goes is completely within the couple’s control.  Mediation sessions can be scheduled weekly, bi-weekly, monthly or according to the couple’s schedule.  There are some outside timing factors that will affect the finalization of the divorce however and it is important to know these factors.

1.           Parent Education Classes: If there are minor children involved, a hearing on the divorce will not be scheduled until both parties have attended a parent education course.  These courses are offered in various locations in the commonwealth.  The courses are comprised of  two sessions and must be taken separately.  In some locations, sessions fill up and this could cause a delay.  It is therefore advisable to take the classes as early in the process as possible.  For more information about locations and times of these classes, see  http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/parented.html

  2.         Scheduling your divorce hearing:         Once you have reached an agreement and you have the agreement signed and notarized, you will file the agreement and court papers (joint petition for divorce, affidavits of irretrievable breakdown, etc.) at the appropriate courthouse.  The court will then send you notice of your court date.  You should expect a court date within 3-6 weeks from when you file your papers (assuming you have taken the parent education courses- see above).  If you have specific timing issues or restrictions, you should contact the clerk’s office or file the divorce papers in hand and speak with the clerk.  They will usually attempt to accommodate you if possible.

3.           The divorce becoming final:     If you have filed a joint petition for divorce (as is the case with most mediations) your divorce will be final four months from when you go to court.  So, for instance, if you want your divorce to be final before the end of the year (and thus be able to file individual tax returns) you will need to have a court hearing before August 31st.

              So, to sum up, from the time that a couple files their divorce papers they can usually expect a period of 5-6 months for the divorce to become final.  The mediation process leading up to that is to a great extent in the control of the divorcing couple and can take as little as two weeks to as long as two years.