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Is there a period of time to wait after separation (not living together) in an uncontested divorce?

I heard that there is a 12 month wait time in the state of MA after the date of separation (when my husband moved out) until the divorce papers can be filed. is this true?

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Attorney answers (4)

Reputation Level 10
NO! The only waiting period with uncontested divorces is that after the court approves your agreement, it does not become final for 120 days (90 if it was contested divorce). All that really means is that you cannot get married again for 120 days.

Many people file for divorce while they are still living together and so can you.
1 person marked this answer as good

Reputation Level 16
Not such span. Stop listening to that person.

If you need assistance, contact me.

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Reputation Level 15
There is no separation period in Massachusetts to get a divorce.

The 12-month period is a residency requirement. Meaning, you must have lived in Massachusetts for a year before you can divorce here.

Reputation Level 10
You do not have to be living apart at all to file for divorce in MA, you do have to meet the twelve month residency requirement.

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