What to Expect During the Divorce Process: A Step-by-Step Walkthrough
At Carbone Law Firm, we have spent over twenty-four years helping families across Massachusetts navigate the divorce process. We know that divorce is more than a legal proceeding — it is an emotional journey that affects your family, your finances, and your future.
If you are considering divorce, understanding each stage can make the path ahead feel less overwhelming. Here is a detailed look at what you can expect during the divorce process here in Massachusetts.
1. Preparing to File
Before initiating a divorce, preparation is key. Many clients spend this stage gathering documents, organizing finances, and thinking carefully about their goals for custody, property division, and support.
At Carbone Law Firm, we guide clients through:
Reviewing financial records (bank statements, mortgage info, retirement accounts)
Planning for living arrangements
Setting preliminary goals for custody, parenting time, and asset division
Our advice: The single most important thing a client can do at this stage is fill out a Massachusetts Rule 401 FInancial Statement. By doing this, the client has a much better handle on their own income, expenses, assets and debts. This knowledge is critical in preparing the client for the changes and challenges ahead. The better prepared you are before filing, the more control you will have throughout the process.
2. Filing the Complaint for Divorce
Divorce in Massachusetts begins when one spouse (the plaintiff) files a Complaint for Divorce in the Probate and Family Court. The complaint outlines the grounds for divorce — either fault-based (such as adultery or cruel treatment) or no-fault (irretrievable breakdown of the marriage).
After filing, the other spouse (the defendant) must be served with the papers, formally notifying them of the action. This is usually done through a sheriff or constable.
Within forty-five days of serving the other side, the parties must engage in Reciprocal Disclosures. These are documents so common in a divorce, that the courts mandate that the parties exchange them as soon as possible. These include:
Your last three filed tax returns: State and Federal.
Three years of bank records: This includes not just your personal bank accounts, but any account for a business wherein you have bank signatory authority and any joint accounts you have, even if they are with your children or parents.
Your last four pay stubs.
Proof of medical insurance.
Any loans you applied for in the last three years.
Note: Even in amicable cases, proper service and legal procedures must be followed to protect your rights. Further, producing and then reviewing the documents above can give you a critical jump on the process.
3. Temporary Orders
Because divorce cases often take months (sometimes longer) to resolve, temporary orders may be necessary to:
Establish custody and parenting schedules
Set child support or spousal support (alimony)
Address temporary use of the marital home
Temporary Orders are just what they say: these are temporary rules and agreements the parties have that are entered as an order of the court. We work swiftly to secure appropriate temporary orders, ensuring your day-to-day needs — and those of your children — are protected during the process.
4. Discovery Phase
Discovery is the phase where both sides exchange financial information, disclosures, and other critical facts.
In Massachusetts, financial disclosure is mandatory: each party must file a Financial Statement with the court early in the case. Other discovery tools include:
Interrogatories: These are written questions you ask the other side (and sometimes third parties)
Requests for Production of Documents: Here you can request documents from the other side including written communications, business records, and electronic documents.
Depositions: This is where you can elicit sworn testimony from the other side which, among other things, can help find valuable information about the case and it can nail down your spouse’s testimony so it will become difficult to change later.
Our advice: Full and honest disclosure is crucial. Courts frown upon hidden assets and incomplete disclosures, and penalties can be severe.
5. Negotiation and Settlement
Most divorce cases settle without the need for a trial. Our firm works hard to negotiate comprehensive, favorable agreements covering:
Asset and debt division, including real estate, retirement assets and personal property
Child custody and parenting plans
Child support and alimony
Many clients choose mediation to resolve disputes efficiently. This involves the use of a disinterested third party who helps the parties negotiate a fair and lasting settlement. The court also requires the parties to meet, in person, after all the above steps have been completed. By rule, the courts require that the parties and their lawyers conduct a four-way meeting (also called an “in-person” meeting) to discuss what they agree on and what they still disagree on. The goal here is that prior to trial, during what is called the “Pre-Trial Conference” the parties can narrow the issues to present to the judge who, in many cases, will give the parties their own input on how the judge would likely rule at trial. THis can help the parties know where they stand with the court and effectuate a possible settlement.
Remember: A negotiated settlement typically saves time, emotional stress, and significant legal fees.
6. Trial (If Necessary)
If settlement is not possible, the case proceeds to trial. In a divorce trial, each side presents evidence and testimony, and a family court judge will decide unresolved issues.
Trial can be emotionally draining and unpredictable. At Carbone Law Firm, we prepare every client thoroughly, crafting clear, compelling cases that protect their rights and long-term interests. We also prepare every case- from the moment the client comes through our doors - as if it were going to go to trial. This way, even in a case where everyone thought it would settle, a trial will never come as a surprise to our clients or our firm. We will be ready.
7. Final Judgment of Divorce
Once all issues are resolved — either by settlement or after trial — the court issues a Judgment of Divorce. This document officially ends your marriage and spells out all terms relating to custody, support, and division of property.
After the judgment is entered, there is typically a ninety-day "nisi" period in Massachusetts before the divorce becomes final, unless it is a joint petition, in which case it’s 120 days.
8. Post-Divorce Matters
Life continues after divorce, and sometimes so do legal matters. You may need to:
Enforce child support or custody orders
Modify custody or support if circumstances change
Update estate plans, insurance policies, and other important documents
At Carbone Law Firm, we remain available to support clients through post-divorce modifications, enforcement actions, and ongoing family law needs.
Final Thoughts
With over two decades of experience, we understand how deeply personal and legally complex divorce can be. At Carbone Law Firm, we are committed to providing compassionate guidance, strategic advocacy, and a clear plan at every stage of your divorce.
Every family's journey is different — but you do not have to navigate it alone.
Contact us today for a consultation and take the first step toward a stronger future.
Frequently Asked Questions (FAQ)
How long does the divorce process take in Massachusetts?
The length of a divorce varies depending on the complexity of the case and whether it is contested or uncontested.
Uncontested divorces (where both parties agree) typically finalize within three–six months.
Contested divorces (where disagreements must be resolved) can take twelve months or longer, depending on court schedules and complexity.
Do I need a lawyer for my divorce?
While Massachusetts law does not require you to have an attorney, working with an experienced family law attorney ensures your rights are protected — especially when dealing with child custody, property division, or alimony. A lawyer can help you avoid costly mistakes and achieve a fair outcome.
What is the difference between a contested and uncontested divorce?
In an uncontested divorce, both spouses agree on all major issues, such as custody, property division, and support.
In a contested divorce, the spouses disagree on one or more issues, requiring negotiation, mediation, or even a trial for resolution.
At Carbone Law Firm, we handle both types and work to minimize conflict whenever possible.
What are temporary orders in a divorce?
Temporary orders are court-issued directives that address immediate concerns while a divorce case is pending, such as:
Child custody and visitation
Child support and/or spousal support
Who stays in the marital home
These orders help maintain stability until the final judgment is entered.
Can divorce agreements be changed after the divorce is finalized?
Yes. If there is a significant change in circumstances — such as a job loss, relocation, or a shift in a child’s needs — you may petition the court to modify child support, custody arrangements, or alimony. Our firm routinely helps clients with post-divorce modifications.
📞 Have more questions? Schedule Your Confidential Consultation Today
Let Carbone Law Firm’s twenty-four years of family law experience help you take the next step with clarity and confidence.
Call today (781)569-5191
Serving clients throughout Massachusetts because, Nobody Should Get Divorced Alone.