Legal Question in Family Law in Massachusetts
Online Divorce Forms
My husband wants to do our divorce on-line. Do we just need to file the forms the service supplies or do I need forms as well?
2 Answers from Attorneys
Re: Online Divorce Forms
You cannot do a MA divorce online, and any divorce you get from somewhere else will probably not be legal. MA courts do not accept online or fax filings, they must be filed in person or by mail, with the proper filing fee.
You may be able to download forms for a MA divorce from the internet, but they may not come with good instructions, and each probate and family court has its own quirks of form preparation and sometimes even content
If you are doing a "no-fault" divorce, called irretrievable breakdown in MA, you will need two documents: an affidavit of irretrievable breakdown and a separation agreement, for which there are no forms.
If the agreement is not correctly done, the judge will send you out to revise it, or may just suggest you get a lawyer. The same lawyer cannot represent both of you. Some lawyers, including myself, offer either mediation or form preparation, but you represent yourselves. My fee for preparation of all documents for a no-fault divorce is $400.
The problem is not the form, but knowing what needs to be in the documents, stated in a way the judge expects, in order to make your case for the divorce.
Re: Online Divorce Forms
Online services provide forms not divorces. There is no guarantee that the forms they provide and the agreements they provide will be acceptable to the Judge.
No attorney will represent both parties to a divorce. Some attorneys will provide document preparation and others will provide mediation services.
If you need assistance please feel free to contact me.