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Massachusetts
Divorce
RESIDENCY
If the
parties resided in MA during their marriage and the grounds for
the divorce occurred in MA, there is no residency requirement. If
the grounds did not take place in MA then one of the spouses must
have been residing in MA for at least one year.
GROUNDS
No-Fault:
Irretrievable breakdown of the marriage
Iimpotence;
Imprisonment
for over 5 years;
Adultery;
Alcoholism
and/or drug addiction;
Desertion
for 1 year before the filing for divorce;
Cruel and
inhuman treatment;
Nonsupport
for a spouse or minor child whereby a spouse is able to provide
support but grossly, wantonly, or cruelly refuses or neglects to
provide suitable maintenance for the complaining spouse.
LEGAL
SEPARATION:
A legal
separation can be filed in MA under the grounds:
A spouse
fails without cause to provide support;
Desertion;
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, one spouse must
be a resident. If the grounds occurred outside of the state, the
spouse filing must have been a resident for 1 year.
SIMPLIFIED
DIVORCE
A sworn
affidavit signed by both spouses that irretrievable breakdown of
the marriage occurred and a notarized Marital Settlement Agreement
is filed. Additionally, both parties will both sign the petition.
In such case, no summons needs to be filed.
PROPERTY
DISTRIBUTION:
If the
parties cannot agree on property division, the court will decide
based on equitible distribution.
The parties
can agree and sign a Marital Settlement Agreement which will stipulate
how the marital property shall be divided.
CHILD
ISSUES
Parties
can agree on child custody, either sole custody or joint custody.
If the parties cannot agree, the court will decide what is in the
best interest of the minor children.
Parties
must attend a parenting class through the court.
Parties
may agree on child support. If they cannot agree on child support,
the court will decide using the Massachusettsi child support guidelines.
The court will calculate child support and include costs for heath
and dental insurance, child care, and extraordinary needs for the
children.
All family
law cases must be filed on state mandated forms. We use these forms
for all packages.
Order
Your Massachusetts Divorce Package Now $99.94
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