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An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties. (Massachusetts General Laws, Chapter 208, Section 1A) If this information does not accompany the complaint, then the court must wait at least six months before holding a divorce hearing. (Massachusetts General Laws, Chapter 208, Section 1B)
Different forms for the petition for divorce are used depending on whether the divorce is contested or not, explained below:
Along with the divorce petition, the following must be filed with the court:
While divorce may be common, when you go through it yourself, you still deserve dedicated, personal focus on your rights and unique situation. An experienced divorce lawyer can help you figure out the best way forward, explain the law, and represent you in court if it is ever necessary. Take the first step now and contact a local divorce attorney to discuss your divorce.