Massachusetts divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in – Massachusetts. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Massachusetts divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Those who wish to file a Complaint for Divorce in Massachusetts must fulfill the residency requirements. If the grounds for the divorce occurred in the state, the parties can file in the county in which they live. If they occurred out of state, at least one spouse must reside in the state for a minimum of 1 year.
Massachusetts Grounds for Divorce
As a mixed state, Massachusetts grants both no-fault and fault-based divorces, depending on the individual needs and circumstances.
Uncontested Divorce in Massachusetts
Couples in Massachusetts can file an uncontested, no-fault divorce when they agree on all the elements of the divorce agreement. This is a simplified divorce, known as a “1A” divorce, and must be filed jointly.
Contested Divorce in Massachusetts
Contested divorces take longer and are generally more complicated because the parties and their divorce attorneys must resolve the points of contention in the divorce settlement. In the end, if they are unable to negotiate an agreement, they will have to count on their attorneys making an effective presentation of their case to a judge who will make the final determination.
Annulment in Massachusetts
When a couple is married illegally, an annulment is the only means by which either party can have the marriage declared invalid. The grounds for annulment are more difficult to prove than marriage; however, if an annulment is granted, legally it is as if the marriage had never occurred and either party has the right to remarry. The grounds for annulment in Massachusetts include:
- Incest
- Mental incapacity
- Fraudulent acts
- Duress
- Bigamy
No Fault Divorce in Massachusetts
A no-fault divorce in Massachusetts can be filed if the parties can prove that there is an irretrievable breakdown of the marriage.
Massachusetts Fault Divorce
If the parties in a marriage believe the other party is at fault for the failure of the marriage, they may file a fault-based divorce petition based on the following grounds:
- Impotence
- More than 5 years’ imprisonment
- Adultery
- Drug addiction and/or alcoholism
- Desertion without support for at least 1 year prior to filing for divorce
- Cruelty
- Non-support when the spouse has the ability to provide that support
Massachusetts Divorce and Child Custody
Child Custody Laws
In Massachusetts, the court will examine the lives and behaviour of the parties under consideration for several elements to determine their fitness for custody:
- Alcohol or drug abuse
- Desertion of the child
- Whether or not there is a history of cooperation between the parties concerning the child
- In addition, the child custody agreement will cover the important areas of child care, including:
- Education
- Healthcare
- Successful dispute resolution between the parents
- The amount of resident or visitation time for each party, including vacations and holidays
Child Alimony
Either parent can be ordered to provide child support, including health insurance and education, by the court according to the official Child Support Guidelines. However, special circumstances may cause the court to depart from those guidelines:
- The party supplying support has other minor children and is unable to reasonably support both sets of dependents
- The party supplying support has extensive expenses, especially travel expenses for visitation, medical expenses, and more
- Massachusetts uses the Percent of Income Model to calculate support estimates, as well as Child Support Worksheets.
Massachusetts Divorce Spousal Support
Massachusetts takes a number of elements into consideration when determining spousal support orders, including:
- The length of the marriage
- The parties’ conduct during the marriage
- The parties’ age and health
- The parties’ occupation
- The parties’ source and amount of income
- The parties’ skills and capability of being employed
- The parties’ estate, liabilities, and needs, as well as their final prospects for the future
The court also considers the marital assets and each party’s contribution to those assets. If it is possible and appropriate, the court may order the party supplying alimony to lower that sum by adding the spouse to their health insurance policy, as well.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Massachusetts
Spouses in the military are protected by Massachusetts law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Massachusetts Divorce Lawyer?
The Massachusetts court allows a great deal of leeway for parties to negotiate their own divorce settlements through a no-fault or uncontested divorce. In addition, while an attorney may not be required in those processes, they can be helpful if that negotiation becomes difficult. For those cases that turn into contested divorce proceedings, a divorce attorney is essential to providing proper representation and providing a winning resolution.