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How long will a divorce take if we cannot agree to everything

Needham, MA |
Filed under: Divorce

I think the only thing we won't agree upon is alimony, he has agreed to split it all in half but doesn't want to pay me what I think I deserve which I think is 35 percent of his income.

Attorney Answers 4


  1. Best answer

    The divorce could take many months if you are unable to agree to everything. If however, all other matters are agreed upon you may go to the judge and ask his or her opinion on what type of alimony the cout is inclined to grant. That may give you some guidance. Good luck and take care. You will need to demonstrate need even though it is a long term marriage in order to increase the amount of the alimony and the court may attribute some degree of income to you if you are not already working. Good luck and take good care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. The length of time the process takes depends upon the behavior of the parties. If the only disagreement is alimony, there are guidelines the judge will follow, after full financial disclosure by both parties, to determine the appropriate amount of alimony. Of course, if the amount can be worked out between the parties prior to filing, the process can be very short. I hope this helps. Best of luck to you.

    Legal disclaimer: DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged and/or wherein the legal issue arises; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State in which your particular issue has arisen.


  3. For the judge to establish alimony may take some time because there are a number of factors to consider. If these factors are straightforward then a morning may be sufficient — if there is substantial complexity, for example — attribution of income, then it can take much longer.

    The 35 % of income you mention is an unusual request. Typically, if all the facts are known and stipulated, and it is a long-term marriage with no child support provision, alimony is 28-38% of the differential between the payors income and the receivers income.

    In all likelihood the judge will suggest a range before trial and encourage the parties to settle — listen closely to the judge.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.


  4. Why do you think you deserve?


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