Massachusetts Divorce
Information and FAQ
A divorce may be granted in the Massachusetts on the following
grounds:
1. Adultery; 2. Impotency; 3. Desertion for at least one year; 4.
Addiction to drugs/alcohol; 5. Cruel and abusive treatment; 6.
Refusal to support spouse when able; 7. Confinement in penal
institution for 5 or more years; 8. Irretrievable breakdown of the
marriage. MGLS 208:1
Residency requirements If the cause of the divorce occurred
outside of Massachusetts, the plaintiff must have resided in
Massachusetts for at least one year prior to the filing of the
action. If the cause of the divorce occurred within Massachusetts,
at least one of the parties must be a Massachusetts resident. MGLS
208:4-5
Venue An action for divorce may be filed in the county of the
parties' last residence as husband and wife. If neither spouse still
lives in the county of the last marital domicile, the divorce may be
filed in the county where either party resides. MGLS 208:6 Name of
court and title of action/parties An action for divorce is filed in
the Probate Court of the Commonwealth of Massachusetts. The title of
the action initiating the divorce is known as the Complaint or
Petition, while the title of the action granting the divorce is
referred to as the Judgment of Divorce. The filing party is known as
the Plaintiff or Petitioner and the other party to the action is
referred to as the Defendant or Respondent. If a joint complaint is
filed, both parties are referred to as Co-Petitioners. MGLS 208:8
Simplified divorce procedure An action for divorce based upon the
irretrievable breakdown of the marriage may be commenced by the
parties filing a joint complaint and a sworn affidavit alleging that
the marriage has suffered an irretrievable breakdown along with a
separation agreement. No summons or answer is required if this
method is chosen. After the court has a hearing in which the
separation agreement is examined to determine if proper provisions
were made for alimony, property distribution and custody and support
of any children of the marriage, the court will within thirty days
of the hearing make a finding of whether the divorce should be
granted. MGLS 208:1A
Legal separation The court may issue an order of legal separation
of the parties and make provisions for the reasonable separate
maintenance and support of the party seeking separation from the
other. MGLS 208:20 Mediation When the parties file for divorce under
the no-fault provisions of irretrievable breakdown of the marriage,
the court may at any time prior the issuance of the judgment of
divorce require the parties to participate in family or marriage
counseling. MGLS 208:1A
Alimony Either party to a divorce may be ordered to pay alimony
to the other spouse. In determining the amount and nature of the
alimony award, the court will consider the following factors:
1. The length of the marriage; 2. The conduct of the parties
during the marriage; 3. The age, health, station, occupation, amount
and sources of income; 4. The vocational skills and employability of
the parties; 5. The estate, liabilities and needs of each party; 6.
The opportunity of each party for future acquisition of capital
assets and income; 7. The present and future needs of any dependent
children of the marriage; 8. The contribution of each party to the
acquisition, preservation or appreciation in value of their
respective estates. 9. The contribution of each of the parties as a
homemaker to the family unit.
In addition, the court shall also determine whether the spouse
ordered to pay alimony has health insurance or whether health
insurance is reasonably available. If so, the court will order that
health insurance be extended to cover the other spouse or purchased
for the other spouse when reasonably available. MGLS 208:34
Property distribution The court may assign to either spouse all
or part of the estate of the other spouse after consideration of the
following factors: 1. The length of the marriage; 2. The conduct of
the parties during the marriage; 3. The age, health, station,
occupation, amount and sources of income; 4. The vocational skills
and employability of the parties; 5. The estate, liabilities and
needs of each party; 6. The opportunity of each party for future
acquisition of capital assets and income; 7. The present and future
needs of any dependent children of the marriage; 8. The contribution
of each party to the acquisition, preservation or appreciation in
value of their respective estates. 9. The contribution of each of
the parties as a homemaker to the family unit. MGLS 208:34
Child custody In determining the custody of minor children of the
marriage, the court will look to the child's best interests. When
considering the child's best interests, the court shall consider
whether the child's present or past living conditions adversely
affect his physical, mental, moral or emotional health. The court
will also consider whether any family member abuses alcohol or
drugs, has deserted the child, and whether the parties have a
history of being able and willing to cooperate in matters concerning
the child. If custody is a contested issue in the divorce, the
parties must submit a parenting plan to the court for its
consideration setting forth details regarding the child's education,
health care, procedures for resolving disputes, and visitation. MGLS
208:31
Child support Massachusetts has enacted child support guidelines
that are presumed to be the correct amount of child support due.
Deviation from the guidelines requires the court to make a specific
written finding stating the amount that would have been due under
the guidelines; that the application of the guidelines would be
unjust or inappropriate under the circumstances; state the specific
facts justifying the deviation; and find that the deviation is
consistent with the child's best interests. MGLS 208:28 Financial
statement Unless otherwise ordered by the court, each party to a
divorce action in Massachusetts must file with the court and deliver
to the other party a complete and accurate financial statement
showing the assets, liabilities and current income and expenses of
the parties. MRDRP 401
Name change Upon the granting of a divorce, the court may allow a
woman to resume the use of her former or maiden name. MGLS 208:23
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