Essex County Divorce Attorney

Experienced & Responsive Representation in Danverscouple getting divorced

Whether you’ve been planning a divorce for years or have been recently served with divorce papers, it’s time to enlist the help of an Essex County attorney. At Rudolf A. Jaworski Jr. PC, we’ve been serving clients from our office in Danvers for over 40 years. Our compassionate and responsive staff can help guide you through this challenging time. We can effectively moderate cases that need to be litigated and settle those that can be amicably resolved. We aim to provide you with a cost-effective solution that ensures you’re ready for the next step in your life.

Call Rudolf A Jaworski Jr PC today at (978) 307-7087 or contact us online for reliable legal advice from our Essex County divorce lawyer!

What are the Two Types of Divorce in Massachusetts?

There are two types of divorce, contested and uncontested. Whether you agree on the terms of your divorce will determine which one you will file for.

  • A contested divorce will be filed if you and your spouse cannot come to an agreement on all terms. These terms include various issues including child support, custody, and division of property. Contested divorces may take longer since they require a court hearing and a discovery phase.
  • Uncontested divorces in Massachusetts are quick in which both spouses agree to the divorce terms, meaning they agree on the division of property, child custody, and child support.

How Long Does Uncontested Divorce Take in Massachusetts?

An uncontested divorce in Massachusetts can take 90 to 120 days to finalize. The timeline is closer to 120 days if a separation agreement is involved. The timeline includes the time it takes for both spouses to sign a separation agreement, plus two to six weeks to schedule a hearing date. The divorce becomes final three or four months after the hearing.


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Get to Know Us through the Eyes of Our Clients
    “Rudy was great to work with.”
    “He explained what we were doing all throughout and even waited in that long line at court to get us checked in. He was great to work with.”
    - Margaret
    “Capable in the Extreme, Efficient, tough when necessary”
    “Rudy was worth every penny. He is also warm and compassionate, and easy to talk to.”
    - David
    “I felt extremely comfortable knowing that Rudy has the experience and expertise to guide me.”
    “I felt extremely comfortable knowing that Rudy has the experience and expertise to guide me.”
    - Diana
    “Rudy was always there to pick up the phone and speak to me.”
    “I never felt left out in the dark with the status.”
    - Jim
    “Top notch professional”
    “Rudy is completely knowledgeable about all aspects of the divorce process.”
    - Tom
    “Rudy earned his respect and trusted by the local courts.”
    “Rudy earned his respect and trusted by the local courts with the result that he does have to not engage in lengthy court sessions.”
    - Ullrich
    “Moved the ball forward”
    The opposing lawyer in my divorce negotiations was happy to continue to string the process (and the costs) along with no end in sight. Rudy was able to bring the parties together and move the process - which was at a standstill - forward to an equitable solution for both sides.
    - Former Client
    “I highly recommend him.”
    “On top of things, high integrity, caring, right to the point, and derives every single dime I spent.”
    - Philippe

Is Massachusetts a No-Fault Divorce State?

Yes, Massachusetts allows no-fault divorces. No-fault divorces can be filed jointly (known as a “1A” divorce) or unilaterally by one of the parties (a “1B” divorce).

  • A 1A divorce is when both spouses agree that the marriage is broken and have already decided on child custody, support, and alimony issues. This is also called an uncontested no-fault divorce.
  • A 1B divorce, or contested no-fault divorce, is when only one spouse believes the marriage is broken and the terms mentioned are not agreed upon. Issues usually expanded upon in 1B divorces include property distribution and parenting schedules. Remember that you can always request to change the divorce from 1B to 1A if an agreement is made.

In a fault divorce, the spouse asking for the divorce must prove one of the following 7 grounds:

  • Adultery
  • Desertion or abandonment
  • Impotency
  • Cruel and abusive treatment
  • A prison sentence of at least 5 years
  • Habits of intoxication
  • Non-support

Massachusetts also allows fault divorces, but they are rarely invoked. Fault divorces are known to take much longer and can become expensive over time. It is not uncommon for fault divorces to take years to finalize.

What if We Get Divorced in a Different State Than When We Were Married in?

You are not required to apply for divorce in the same state you've married . In Massachusetts, the divorce petitioner may have remained in the state for at least a year. You can apply in the county where you have lived before with your spouse or your current county where you now reside.

What if My Spouse Wants a Divorce But I Don’t?

A divorce is quite difficult to appeal. Since this state provides for divorce based on "irreconcilable discrepancies," what the partner has to do is show that they can no longer live with you. For certain women, this is an indication that it's time to move on. Courts aren't in the business of pressuring people to stay together if they don't want to.

If your partner applies for divorce based on blame, you have the right to contest the grounds for your fault. However, rather than ending the divorce, this would most likely turn it to a "no fault" divorce.

Understanding Your Divorce Proceedings

Filing for divorce can be an extremely challenging time. Not only is it the end of a union, but in many cases, it’s the start of a difficult time where assets need to be divided and your future can be impacted. Because of this, working with an attorney is the best way to ensure a successful split for all parties.

We can help clarify your rights and address concerns such as:

  • The tax and financial implications of various property division scenarios
  • Who is responsible for the mortgage, health insurance, child care, and more
  • Which party is able to retain the family home
  • Who will have primary physical custody
  • Alimony and child support requirements

Additionally, our Essex County divorce attorney can help you file a temporary order in order to protect you during your separation and ensure all proceedings are moving efficiently.

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