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Massachusetts
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Massachusetts Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Massachusetts Residency Requirement
According to the Massachusetts Divorce Laws and Massachusetts Divorce
Guidelines, to get divorced in Massachusetts. In a case where the
grounds for divorce occured in Massachusetts, one of the spouses
must be a resident, otherwise the spouse filing for divorce must
have been a resident for at least one year.
Place of Divorce (Venue)
The case may be filed in:
(1) County in which the spouses last lived together
(2) County where either spouse currently resides
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;
(2) a sworn affidavit that an irretrievable breakdown of the marriage
exists;
(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. In
addition, there are sample divorce forms for use in divorces set
out in the Massachusetts Rules of Court Appendix of Forms. A Financial
Statement must be filed in all divorce cases. There is an official
Child Support Guidelines Worksheet contained in the Appendix of
Forms. Finally, in every action for divorce, a Public Health Statistical
Report must be filed by each spouse.
Massachusetts Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irretrievable breakdown of the marriage
Grounds for a Fault based divorce:
(1) Impotence
(2) imprisonment for over 5 years
(3) adultery
(4) alcoholism and/or drug addiction
(5) desertion without support of spouse for 1 year before the filing
for divorce
(6) cruel and inhuman treatment
(7) nonsupport (a spouse is able to provide support but doesnt)
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Massachusetts, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Massachusetts divorce guidelines and Massachusetts
divorce laws, is a scenario where the spouses agree on the terms
of the divorce such as Massachusetts property distribution, Massachusetts
child support, or Massachusetts child custody. Most of our clients
(75%) prefer the Agreed Divorce method and both spouses sign the
divorce papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Massachusetts
divorce guidelines and Massachusetts divorce
laws, is a divorce where the other spouse doesn’t sign the Massachusetts
Divorce forms or Massachusetts divorce papers, he/she doesn’t
do anything at all with the divorce. They simply default on the
case and the spouse who files for divorce gets whatever was asked
for in the original paperwork.
Process to file for Divorce in
Massachusetts
There are only three basic procedural steps to a divorce:
- File Massachusetts Divorce Papers (Massachusetts
Divorce Forms)
- Notify Spouse of your filing for divorce
in Massachusetts
- Attend your Massachusetts divorce hearing
Massachusetts Child Custody
Simple Definitions: (source: Massachusetts divorce guidelines and
Massachusetts divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Massachusetts Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Massachusetts
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Massachusetts Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Massachusetts Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Massachusetts
divorce lawyer or divorce attorney to make the case into a Contested
Divorce. Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Massachusetts.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Massachusetts.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Massachusetts often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Massachusetts, fees must
usually be paid when you file the Massachusetts divorce forms and
Massachusetts divorce papers at your county courthouse. These
fees vary between County to County, so it is best to call them and
ask what the fees are in your County. Regardless of whether
you are going through a divorce service, using a Massachusetts divorce
kit, using a divorce attorney (or divorce lawyer), or doing a nearly
free divorce in Massachusetts, you will almost always be the one
to cover the court fees which is standard procedure.
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After
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| 2 |
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| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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