Massachusetts Divorce Law Residency Requirements for Divorce in Massachusetts

If the grounds for divorce occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year. The divorce should be filed for in the county in which the spouses last lived together. If neither spouse currently lives in that county, then the divorce may be filed for in a county where either spouse currently resides.
[Massachusetts General Laws Annotated; Chapter 208, Sections 4, 5, and 6].

Legal Grounds for Divorce in Massachusetts
 

  1. No Fault Divorce: Irretrievable breakdown of the marriage (may be filed for either with or without a separation agreement. For no-fault divorce filed in conjunction with a separation agreement, see below under Simplified Or Special Divorce Procedures.)
    [Massachusetts General Laws Annotated; Chapter 208, Sections 1, 1A, and 1B].
  1. General 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 whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse
    [Massachusetts General Laws Annotated; Chapter 208, Sections 1, 1A, 1B, and 2].

 Legal Separation in Massachusetts
The grounds for legal separation are:

1. A spouse fails without cause to provide support
2. Desertion
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, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year.
[Massachusetts General Laws Annotated; Chapter 208, Section 20].

Simplified/Special Divorce Procedures in Massachusetts
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. Copies of this form are available from the offices of the Registers of Probate.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 6B and Massachusetts Rules of Court; Appendix of Forms].

Divorce 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.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and Massachusetts Rules of Court].

Divorce 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)
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.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].

Alimony and 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
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.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].

Spouse's Name After Divorce
The wife may be restored to the use of her former or maiden name.
[Massachusetts General Laws Annotated; Chapter 208, Section 23].

Child Custody After Divorce
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:

1. Whether or not the child's present or past living conditions adversely affect his physical, mental, moral, or emotional health
2. Whether any family member abuses alcohol or other drugs
3. Whether either parent has deserted the child
4. Whether either parent has committed any acts of domestic violence
5. Whether the parents have a history of being able and willing to cooperate in matters concerning the child

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.
[Massachusetts General Laws Annotated; Chapter 208, Sections 28 and 31].

Child Support After Divorce
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

There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms.
[Massachusetts General Laws Annotated; Chapter 208, Section 28 and Massachusetts Rules of Court; Appendix of Forms].

Continue to Michigan Divorce Laws
 
Resource Article:
 

Preplanning Divorce Strategies
By Maury D. Beaulier
Mar 8, 2006, Wed, 8 Mar 2006 00:11

Preparing for Divorce

Nobody marries with the expectation of failure.  Married couples never contemplate that the person they once loved could later seem to be a stranger and perhaps even an enemy.  Yet, statistics paint an ugly picture. Approximately five out of 10 marriages today end in divorce.  In divorce proceedings, women lose financially, their standard of living may drop as much as thirty percent in the first year following a divorce.  Men, may not suffer as great financially, however, they tend to lose precious time with their children.

One of the greatest contributors to divorce is the issue of "control" - either financial or personal. Who controls the bank account?  Who sets the social agenda? When one partner to a marriage "controls", the other partner loses their sense of self.  A divorce becomes imminent as they controlled partner tries to regain their self-esteem.

In a divorce situation, even the most cooperative of couples may be transformed into warring parties.   It that does occur and you are not prepared, you can be sure that you may lose out on contested divorce issues.  

Your goal must be to be prepared and be ready to present strong arguments as part of the divorce.  This always requires pro-active planning.  Below are several simple and logical ways to protect yourself financially if you believe your marriage is in jeopardy:

ONE: Keep Non-Marital Assets Separate

Non-marital assets are not part of the assets divided in a divorce.  Instead, they are considered the asset of either the husband or the  wife and generally awarded to that person in a divorce proceeding. Categories of non-marital assets include:
 

  • property you inherit;
     

  • proceeds from personal injury awards (eg. Worker's compensationor accident proceeds);
     

  • items owned prior to marriage; and
     

  • gifts to one party rather than the family.

If non-marital assets are commingled with assets purchased or improved during the marriage, it may not be possible to claim the asset as yours in the event of divorce.   However, some "tracing" of  non-marital assets may be possible.  For example, if a non-marital asset is sold during the marriage and the proceeds from the sale are used to purchase another asset, it may be possible to "trace" a non-marital interest in the new asset. For example, if a car owned before a marriage is sold during the marriage and the proceeds used to purchase a new vehicle, a party may be able to claim a non-marital interest in the new vehicle. To do so, it is very important to retain all documents demonstrating the sale of the asset and the use of the proceeds realized from the sale.

TWO: Establish Your Own Credit

Make sure your name is listed on all household accounts and investments. Establish at least one credit card in your own name. This will help to create an individual credit history. When you are on your own, you will have a better chance qualifying for loans, mortgages and credit cards. These are all important considerations after a divorce.

THREE: Review Your Financial Holdings Regularly

Maintain complete and separate records of your financial holdings such as bank accounts, IRA's, 401K, land purchases, and stocks. This includes assets in your spouse's name as well. You may wish to maintain copies of these records at your place of employment or in a safety deposit box in your name.  Records have a way of disappearing after a divorce has been started.

FOUR : Time Your Divorce

The timing of your divorce may carry with it a significant financial impact.  For example, in a single income family, the non-working spouse may not have earned enough money to qualify for Social Security at the age of retirement.  However, if spouses are married at least 10 years and don't remarry, the non-earning spouse may qualify for Social Security benefits based on the ex-spouse's earnings when both reach the age of 62.

FIVE: Close Joint Accounts 

If a divorce is imminent, you should immediately contact joint-credit-card companies in writing to freeze or cancel your joint accounts. You do not want to be responsible for your spouses' new credit card charges, particularly when those charges may include attorney's fees. This protects your credit. It is important to remember that, although a creditor may freeze a joint account, the outstanding balance must be paid off before the account can be closed.

You may also wish to close your joint bank accounts. If any proceeds are removed, keep a carefully accounting where the money is placed or how the proceeds are spent.  You will undoubtedly be asked for that accounting as part of the divorce process.  You can save yourself time and money by keeping accurate records.

SIX: Video Tape Assets

You should photograph of videotape the contents of your home including any garages, sheds or out buildings, to record the assets and fixtures contained in each. In any divorce, it is possible that one party may be required to relocate from the family residence.  Once you relocate, it may be difficult to recall all of the assets and furnishings that are contained in the house.  If you forget them, there is a good chance that they won't be factored into the values that each party receives in the property settlement. 

SEVEN: Do Not Leave the Marital Residence.

In a custody case, leaving the marital residence may impair your ability to successfully seek custody of the children or an award of the real estate after the divorce.  By relocating, you create a sort of status quo that courts are often reluctant to disturb. 

EIGHT: Cancel Joint Credit Cards & Separate Debt. 

If a divorce is imminent, you should immediately contact joint-credit-card companies in writing to freeze or cancel your joint accounts.  You do not want to be responsible for your spouses' new credit card charges, particularly when those charges may include attorney's fees.  This protects your credit. It is important to remember that, although a creditor may freeze a joint account, the outstanding balance must be paid off before the account can be closed.
 

NINE:  Collect Information Related to Children.

In any case that involves children, custody disputes are a distinct possibility.  As a result, documents relating to your children may be critical to support your contention regarding medical issues, care during the marriage,  or who was the parent providing their primary care.  Some items you may wish to obtain or retain include: 
 

  1. Family photographs including those depicting family vacations or the children's extracurricular activities;

  2. Social Security, Student Body, and State ID cards;

  3. Medical records and prescription information including the names and addresses of any treating physicians or counselors for the children or the parties;

  4. Report cards and school records.
     

TEN: Hire an Experienced Divorce Lawyer

It may be very important to hire a good lawyer early in your divorce planning process.  An experienced attorney can help you avoid mistakes that could later cost you in your divorce proceeding.  By choosing an attorney early in the process, there is less of a chance that you will be caught off guard and wind up playing catch up on the issues.

There are many lawyers to choose from so it is important that you ask important questions in order to choose one that is knowledgeable and right for you. Ask about their experience in family practice and specifically divorce.  Ask the attorney to explain the legal issues as well as the legal process in your particular county.

 
 

Divorce Terms:
 Discovery Problems. If you are being unreasonably oppressed by discovery, ask the court for a ?protective order? to quash, i.e., cancel, or limit the scope of a deposition. If the other side fails to cooperate with your requests, you can file a ?motion to compel? and request sanctions. Fee awards are unusual; judges often tolerate substantial misbehavior before punishing the guilty.

Disinherit; Disinheritance. To deprive a rightful heir from his or her inheritance.

State laws prohibit spouses from disinheriting each other. The surviving spouse is usually entitled to at least one third, no matter what is contained in the will. See Dower and Curtesy. Also see Inheritance; Inheritance Rights; Inheritance Expectancies.

Divorce Agreement. See Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement

Divorce Decree; Decree of Dissolution; Judgment of Divorce. The courts final judgment after expiration of the interlocutory or judgment nisi period. Upon this date you are legally divorced and can remarry. Generally, the final decree occurs automatically upon termination of the waiting period. Additional court filings and appearances are usually not required.

Divorcement; Bill of Divorcement. Same as divorce and divorce decree.

Docket. See Court Docket.

Domestic Tort. See Tort; Marital Tort; Domestic Tort

Domicile. A persons legal home, i.e., where the person spends most of his time, or intends to return if currently living elsewhere.

In divorce, domicile is important in establishing jurisdiction and selecting venue.

Dower. The wife's common law right to inherit from her husband.

In most states the surviving spouse cannot be disinherited and is entitled to one third of the husbands property. Conversely, the husbands right to inherit from the wife is called curtsey. Be advised that until your judgment of divorce is absolute, your spouse may have the right to inherit if you die during the nisi period. In some states, however, an executed separation agreement waiving the right to inherit may supersede inheritance rights prior to the judgment becoming absolute.
 

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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