I have been married a little over two years, but I no longer want to be married to my husband any longer. Just for the simple fact that I am not happy in the marriage. How do I go about getting a quick, easy, and cheap divorce? Even if he doesnโt want to sign the papers can I still get the divorce?
The easiest and quickest divorce in Massachusetts is a "1A" no-fault, uncontested divorce. If there is 100% agreement and both parties sign all the paperwork, then the divorce would be final 120 days after you both appear in court to have the divorce approved. If that is not possible, you would file a "1B" divorce, which is a no-fault contested divorce- but it will take you at least 9 months (6 months waiting for a pretrial conference and 3 months for a nisi period) to process the matter through the court. The court process actually anticipates about 14 months for a contested matter. To start the time-clock running, you should file a complaint for divorce (1B) and have your husband served with the summons. Then, if he cooperates and agrees to divorce, you could always amend your divorce to a "1A" and process your divorce faster.
If your ex is cooperative it will be quick, easy and relatively cheap. If he won't sign the necessary pleadings then it will slow things down and cost more money but he cannot stop the divorce only slow it down and make it more costly for you. Consult with an attorney for the details of how to do the divorce when the other party is uncooperative.
You may qualify for a summary dissolution, if you can get him to agree,of your marriage you must meet ALL of the following requirements. You and your spouse: Have been married for less than 5 years (from the date you got married to the date you separated); Have no children together born or adopted before or during the marriage (and you are not expecting a new child now); Do not own any part of land or buildings; Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations"); Do not count car loans. Have less than $38,000 worth of property acquired during the marriage (called "community property"); Do not count card Do not have separate property worth more than $38,000; Do not count your cars Agree that neither spouse will ever get spousal support; AND Have signed an agreement that divides your property (including your cars). If your spouse won't cooperate you simply file for divorce and serve him. California is a no fault state which means you can get divorced even if one party doesn't want it.
You can still get divorced. If he does not signed, have him served, and if he does not answer, you get a default. Best to go through an attorney to make sure it gets done right.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.