QUESTION

How long is it to get divorced?

Asked on Oct 28th, 2012 on Divorce - Massachusetts
More details to this question:
My attorney filed for divorce a month ago: I have no income while my husband makes 100K annually. He bought a house this past August in his name and we both own a car (into which I put in 8K). The marriage lasted two years: no children. Am I entitled to any temporary alimony until I find a job? Am I entitled to any portion of the house he just purchased? Am I entitled to get back the 8K I put into the mutually owned car? My husband says I am not entitled to anything. How soon can we get a divorce if I forgo my rights to the house, alimony and will just insist on him giving me back 8K for the car?
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1 ANSWER

Stephen P. Kelly
I know you would like to know what you are "entitled" to; however, the answer is that neither party is entitled to anything in particular. The law does not provide a specific list of property to which each party is entitled. Rather, the law states that marital property is to be divided "equitably." That does not mean evenly, but rather fairly. Virtually any property that the spouses hold either together or individually can be considered marital property. This includes property that each party brought into the marriage and even inheritances. The question is what distribution will be fair to each under the circumstances. What is fair depends on a variety of circumstances including the length of the marriage, the income of each, how any particular property was used during the marriage, the division of responsibility in the household, what each brought into the marriage, and a variety of other factors. Since you apparently did not work during your marriage, you might be entitled to transitional alimony. This is temporary alimony designed to bridge the gap between your marriage and being able to support yourself. You should discuss all these issues with your attorney, as he is best able to assist you. As far as how long it takes, there is a temptation for many to just want to get this over with as soon as possible. That's understandable, but, as a result, many people make decisions they regret simply to expedite the process. I caution you against being hasty. You may regret it later on. Obtaining a judgment of divorce nisi can take anywhere between two months to a year or more. It depends under which statutory provision you file and the particular matters at issue. I again recommend you talk to the attorney you hired to get an idea how long your particular divorce might take.
Answered on Oct 29th, 2012 at 5:23 PM

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