Legal Question in Family Law in Massachusetts

I just want a divorce.

I don't know what to do. I have been married for over 17 years. In 2001 my wife and I separated after I caught her committing adultery. We did try to reconcile because we have two children together. But this did not work out. In 2004 we separated again and I know have a new family. I have been trying to file for divorce since then but I have not been able to afford the lawyer fees and I am doing it myself now. I have asked her to sign the Joint Petition forms for divorce but she will not sign anything until we are in court. We have no assets except our children and debits. I already pay child support and I have taken the child education classes which she will not take because of the schedule of the classes. Can I still file a Joint Petition or do I file a Complaint (no-fault). I just want a divorce.


Asked on 12/06/06, 12:11 pm

2 Answers from Attorneys

Re: I just want a divorce.

You just file a complaint under section 1b as no fault. You have your wife served with the complaint. You may want to hire a local attorney to handle this for you or at least give you some guidance.

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Answered on 12/07/06, 10:55 am
Jerome Aaron Law office of Jerome L. Aaron

Re: I just want a divorce.

You can only file a joint petition if you have a written agreement. Otherwise, you must file under General Laws, c.208, sec. 1B - "no fault" divorce if you do want a no-fault divorce. There is a waiting period of 6 months until you can have a final hearing. In the mean time, maybe your wife will sign an agreement for the divorce. At least get the process started. File and then have her served with the papers by a constable or the sheriff.

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Answered on 12/06/06, 12:15 pm


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