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Massachusetts Divorce

Protect your rights and learn more about local Massachusetts divorce law with the help of a local Massachusetts divorce attorney. If you are considering filing for divorce, a Massachusetts divorce lawyer in your area can help explain how divorce law may affect your divorce and advise you on handling the Massachusetts divorce process.

Total Divorce can connect you to a sponsoring Massachusetts divorce lawyer near you. If you are considering a divorce, set up a preliminary consultation today. Call at 877-349-1310 or fill out a Massachusetts divorce case review form to find a local Massachusetts divorce attorney.

Overview of Massachusetts Divorce Laws

Do you know about the how different aspects of the divorce process are affected by Massachusetts divorce laws? A Massachusetts divorce attorney can give you advice on divorce laws and issues throughout the Massachusetts divorce process.

Massachusetts Grounds for Divorce: The Massachusetts divorce courts accept both no fault and fault grounds for divorce. No fault based grounds are when the marriage has been irretrievably broken. The divorce courts accept fault based grounds such as:

  • Adultery
  • Desertion for one year
  • Impotency
  • Habitual drug abuse or drunkenness
  • Cruel and abusive treatment

Residency Requirements in Massachusetts Divorce: If the grounds for divorce occurred in Massachusetts, one of the spouses must be a resident of the state. When the grounds for divorce occurred outside Massachusetts, one spouse must be a resident for one year.

Massachusetts Property Division: Massachusetts is a equitable property state, where the divorce court fairly distribute marital property. When making property distributions, the divorce court considers:

  • Length of marriage
  • Age and health of each spouse
  • Each spouse's station, occupation, employability and voational skills
  • Possible future gain of assets and income
  • Estate, liability and needs of the parties

Massachusetts Divorce Waiting Periods: There isn't a waiting period in Massachusetts divorce. If you are filing on no fault grounds and both spouses agree to the settlement, there is a 30 day waiting period between the petition approval and entry of a judgment. There is then a 90 day waiting period before the judgment becomes final. If you are filing for divorce on fault based grounds or one spouse is filing, there is a minimum of a six month waiting period before the divorce court will enter its preliminary divorce. After that, there is a 90 day waiting period before the divorce is final. Massachusetts doesn't enforce a remarriage waiting period after the divorce becomes final.

Child Custody in Massachusetts Divorce: Massachusetts divorce court acts in the best interest of the child. The divorce courts will consider many factors, including any family abuse of drugs or desertion of the child. Each parent's willingness to cooperation in situations involving the child will also be considered.

Massachusetts Child Support Orders: Massachusetts follows official child support guidelines when determining what parent pays child support orders. The state follows a percentage of income formula. If the guidelines are considered unfair, the divorce court will take into consideration if the paying parent has other children to support, any extraordinary expenses of the parent ordered to pay child support or other unusual circumstances.

Speak with a local Massachusetts divorce lawyer to learn more about divorce laws in your state and how they may affect the outcome of your divorce. Work through the Massachusetts divorce process with the help of a Massachusetts divorce attorney. To connect with a divorce lawyer in your area today, fill out the form below or call 877-349-1310.

The above synopsis of Massachusetts divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.