How Fast Can I Get A Divorce If I Can’t Locate My Spouse?

Respectfully, you seem to be a bit confused about the process involved in the dissolution of a marriage.  Lets start with: you cannot get a divorce if you cannot locate the other party. To begin the divorce process you must file a Complaint for Divorce with a court of competent jurisdiction (in Massachusetts, a Probate & Family court in the county where at least one of the parties resides).  The Complaint must be filed and SERVED on the other party.  Proof of service must be filed with the court. The court will then schedule a hearing (anywhere from 30 – 60 day later). But that is only the beginning…

 torn curtain

The fact that you “have no assets TOGETHER” is not controlling, since under MA law, ALL ASSETS of BOTH parties (whether held in joint title, owned before the marriage, acquired during the marriage or owned individually) are subject to distribution at the time of dissolution of the marriage.

Your first concern must be to locate the other party.  If he or she cannot be found and served, no court will allow the divorce to proceed–its a Constitutional requirement.

If the divorce is uncontested (which you cannot determine at this point because you have not conferred with the other party) the parties can file a joint petition for divorce, file an Agreement to be incorporated into the judgment of divorce, etc., that settle by stipulation all the issues the court will require be addressed in order to be satisfied that all the issues have been resolved by the parties voluntarily.  If the the other party objects (to either the divorce itself or any of the proposed terms) the matter will have to be litigated in court.  There are innumerable permutations that can occur if the other party objects.  Notwithstanding the fact that today parties have the option of filing under “irretrievable  breakdown of the marriage”  –essentially a “no fault” provision, marriage is a special type of contract and the State and the Court take the dissolution very seriously. A judgment of divorce can be entered anywhere from 60 days to several years after the action has been commenced.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s