How Does the Divorce Process Work?

Divorce can feel like a scary and confusing process to the average person. Most people will only deal with the divorce process once in their life, if ever. Luckily, divorce lawyers deal with the divorce process every day, so we’re very well-versed on the ins and outs of legally divorcing your spouse.

One of the first decisions you will make after deciding to file for divorce is to talk to your attorney about the difference between a 1A and a 1B divorce. 1A divorces are filed jointly with your current spouse, whereas 1B divorces are filed by only one party. Typically, 1A divorces are less contentious and usually less time and money.

The majority of the divorce process will be focused on the division of your marital assets. You must disclose your financials with your ex-spouse and provide financial statements from the past three years. Your attorney and your ex-spouse’s attorneys will go through both of your financials and see what makes sense in terms of alimony and child support payments.

When children are involved, it is so important to spend time with your attorney coming up with a parenting plan for your children that makes the most sense for your own family. In most cases, parents decide on a 50/50 custody for their children, but each family is different. In certain cases, a judge will order a Guardian Ad Litem who will advocate for the best interests of the child.

Many children may want to know how much of a say they have in their parenting plan. In Massachusetts, judges are often reluctant to bring children into divorce matters and asking them to “choose” a parent. However, if a child has a very strong opinion and is a bit older (usually a late teenager), a judge will be more likely to speak alone with the child informally to hear what their preferences are.

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