Divorce Guide

Divorce Guide

Massachusetts Divorce Court

Divorce rate is getting high day by day. Divorce is a legal process which is on purpose performed in order to cancel people's marriage. To settle on the decision of divorce, Massachusetts divorce court thinks over all the points very keenly.

Filing Requirements

Processes for divorce shall be filed in the county where one of the parties lives, unless either of them still resides in the county where they last lived together. In the trouble to either party, the court having authority may transfer such action for hearing to a county in which such party resides.

Legal Grounds for Divorce

A divorce may be granted on the following grounds:

  • Betrayal
  • Impotency
  • Desertion for one year before the filing of the complaint
  • Alcohol or drug habit
  • Brutal and offensive treatment
  • Willful neglect and refusal to give suitable support and maintenance for the other spouse.
  • Permanent breakdown of marriage
  • Imprisonment for five years or more in a central penal institution or in a punishment or jail institution in this or any other state

Property Distribution

In making a fair decision on how property will be divided, the court shall think about the factors which include:

  • The span of the marriage
  • The behavior of the parties during the marriage
  • The age, health, station, and profession of the spouses
  • The total and sources of income and professional skills
  • The estate, duty and needs of each of the parties and the chance of each for gaining capital assets and income in the future.
  • The input of each of the parties as a homemaker to the family unit
  • The role of each of the parties in gaining, defense and appreciation in value of their relevant estates.

In deciding the property division, the court shall also consider the present and future needs of the dependent children of the marriage.

Spousal Support

The court may order either spouse to pay allowance. In deciding the amount of alimony to be paid, Massachusetts divorce court shall consider the following points:

  • Length of the marriage
  • The actions of the husband and wife during the marriage
  • The age, occupation, health, amount and sources of income
  • Vocational skills
  • Estate, liabilities and needs of both the parties

Child Custody

Custody may be granted to one of the parents, and there shall be no assumption either in favor of or against shared physical or legal custody. Thinking about the happiness and welfare of the child, Massachusetts divorce court shall consider:

  • If or not the child’s present or past living situations badly affect his physical, mental, moral or emotional health.
  • Relation of the child with his parents
  • History of child abuse
  • If the parents mutually reach an agreement about the custody of the children, the court may enter an order in accordance with such agreement, unless such an order would not be in the best interests of the children.

In deciding the amount of child support duty, Massachusetts divorce court shall apply the child support guidelines. This would result in the suitable amount of child support to be ordered.

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