04.01.07

Is It Time For Massachusetts To Simplify The Divorce Process Further?

Posted in Divorce Law, Family Law at 12:19 am by Administrator

Today we ask whether the time has come for Massachusetts to update (i.e., simplify) its divorce procedures. 

It is significantly more complicated to file for and obtain a divorce in Massachusetts than it is in many other States. This is not entirely surprising given the State’s puritanical heritage. This heritage may explain the reluctance on the part of lawmakers to get involved with a perceived assault on the institution of marriage. However, we suspect that inertia plays a bigger role than any other reason for the lack of progress when it comes to updating the State’s divorce procedures. 

For example, we often find ourselves asking whether it is really necessary in the case of simple divorces – those where the couple have no children, have been married a short time (e.g., a couple of years) and have little in the way of assets – for both parties to have to appear in court before a judge in order to get divorced. Also, why isn’t it possible for couples to file for divorce electronically in Massachusetts as it is in some other States? These are only a couple of examples that come to mind when we start to think of the ways in which Massachusetts is lagging other States on this front.

Arizona, for example, makes it considerably easier for couples to divorce. Arizona provides for shorter residency requirements and also has electronic filing procedures. As a result, in other states up to 75% of couples are able to represent themselves in divorce. In Massachusetts, however, the numbers are significantly lower and many couples are forced to spend considerably more time and money. These complicated procedures also use up limited court resources and hold couples up from moving on with their lives. 

The move towards simplifying divorce is gaining steam worldwide. This recent article from a website based out of Amsterdam, for example, shows that the trend towards simplifying divorce procedures continues to grow across the globe. We believe that the time has indeed come for Massachusetts to review its divorce laws and procedures.

The Mwangi Law Office specializes in family and business law, including Massachusetts divorce law.

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