Massachusetts Divorce Law Issues
The following issues are likely to be encountered in order to obtain a divorce in Massachusetts.
Massachusetts Residency Requirements and Where a Divorce Can be Filed:
Generally in order to file for divorce in Massachusetts the grounds for the divorce need to have taken place in the state and one spouse must be a current resident.
In situations where the divorce is based upon grounds that happened outside of Massachusetts, the spouse who files for divorce needs to have been a Massachusetts resident for a minimum of 12 months.
In most cases the divorce will need to be filed in the Massachusetts county where the spouses last resided together. However, if both spouses have moved the divorce can be filed in any county where either spouse currently lives.Massachusetts Grounds for Divorce:
No-Fault Divorces are available in Massachusetts, usually in cases involving what is called: Irretrievable breakdown of the marriage. ( These divorces will filed along with a separation agreement).
Grounds: In Massachusetts grounds for a divorce include: (1) impotence; (2) imprisonment for over 5 years; (3) adultery; (4) alcoholism and/or drug addiction; (5) desertion for 1 year before the filing for divorce; (6) cruel and inhuman treatment; and (7) nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance to the complaining spouse.
Legal Separation:
The grounds for legal separation are: (1) a spouse fails without cause to provide support; (2) desertion; or (3) gives the other spouse justifiable cause to live apart. The court may award support to the spouse and children living apart. If the grounds for legal separation occurred in Massachusetts, one spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year.Simplified or Special Divorce Procedures:
An action for divorce on the grounds of irretrievable breakdown of the marriage may be instituted by filing: (1) a petition signed by both spouses; and (2) a sworn affidavit that an irretrievable breakdown of the marriage exists; and (3) a notarized separation agreement signed by both spouses. A marital settlement agreement is an acceptable substitute for a separation agreement. No summons will be required. Such petitions are to be given a speedy hearing. Marital fault is not to be considered in any decision of the court on property division or maintenance. A Financial Statement must be filed in all divorce cases.
Mediation or Counseling Requirements:
In cases where "irreconcilable differences" are used as the grounds for divorce, the court may refer the spouses and children for marriage and family counseling.Property Distribution:
Massachusetts is an "equitable distribution" state. The court may divide all of the spouse's property, including any gifts and inheritances, based on the following factors: (1) the contribution of each spouse to the acquisition, preservation, or appreciation in value of the property, including the contribution of each spouse as homemaker; (2) the length of the marriage; (3) the age and health of the spouses; (4) the occupation of the spouses; (5) the amount and sources of income of the spouses; (6) the vocational skills of the spouses; (7) the employability of the spouses; (8) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (9) the conduct of the parties during the marriage (if the grounds for divorce are fault-based); and (10) any health insurance coverage. Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement.Alimony/ Maintenance/ Spousal Support:
Either spouse may be ordered to pay maintenance to the other. The factors to be considered are: (1) the contribution of each spouse to the acquisition, preservation, or appreciation in value of any property, including the contribution of each spouse as homemaker; (2) the length of the marriage; (3) the age and health of the spouses; (4) the occupation of the spouses; (5) the amount and sources of income of the spouses; (6) the vocational skills of the spouses; (7) the employability of the spouses; (8) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (9) the conduct of the parties during the marriage (if the grounds for divorce are fault-based); (10) any health insurance coverage; and (11) the present and future needs of any children of the marriage. Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement. Health insurance coverage may be ordered to be provided as part of the maintenance award.
Child Custody: Custody may be awarded to either or both parents or to a third party. If there is no marital misconduct, the rights of each parent to custody shall be deemed to be equal. The happiness and welfare of the child shall be the factors that the court considers. In making this consideration, the court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral, or emotional health.
Joint custody may be awarded if both parents agree and unless the court finds that joint custody is not in the best interests of the child. If the issue of custody is contested and the parents desire some form of shared custody, a shared parenting plan must be submitted to the court. Provisions in a Marital Settlement Agreement relating to child custody will fulfill this requirement.
Child Support: The court may order either parent to provide maintenance, support (including health insurance), and education for any minor child. There are official Child Support Guidelines. These Guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Reasons for deviation from the Guidelines are: (1) the parent to pay support has other minor children, and there are insufficient financial resources available; (2) the parent to pay support has extraordinary expenses (travel-related visitation expenses, uninsured medical expenses, etc.) (3) other unusual circumstances.
We work with dozens of attorneys and law firms in Massachusetts experienced in Divorce, Alimony, Child Custody, Child Support and related matters. We will help you find a lawyer. Contact us on our site using our secure case submission sheet or call 617-292-4536. All email and calls are private and confidential.
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