Getting divorce in Massachusetts
For getting a divorce in Massachusetts there are some important points to keep in mind .They are as follow.
- To file for a divorce in Massachusetts, You and your spouse must have resided Massachusetts minimum for 12 months as husband and wife.
- Massachusetts permits both "fault-based" and "no-fault" divorce process. Grounds for fault-based divorces are;
Cruel and abusive behavior
staying separately for one year
Prison sentence of five years.
Alcohol and drug addiction
Refuse to give suitable support to the other spouse
- In no-fault divorces case spouses are not for the breakdown of the marriage. The divorce is approved on the grounds of the irretrievable breakdown of the marriage.
- If you and your spouse agree on issues of property division, as well as child custody and child support matters you can file a joint petition for divorce with Family Court. In this case the divorce can be finalized on an expedited basis without the court hearings.
Important Steps for getting a divorce in Massachusetts:
- You can start divorce process by filing complaint for divorce with the Probate as well as family court. The other spouse is then served with the paperwork to answer the complaint.
- After the case is filed, either party can request court for the temporary custody and child support orders, and the orders to pay community debts on a temporary basis.
- In Massachusetts, marital property divides equitably during the divorce process. Courts consider many factors in deciding property division including:
- Married life span
- The behavior of the spouses during the marriage
- The age, health, occupation, amount and sources of income, of each spouse
- Needs of each spouse.
- The opportunity of the spouses to acquire future income and asset
- The present and future needs of the children
- The contribution of each party to the earning of property
- Homemaking contributions
The division of marital property is final it is not modified unless both parties agree to the change it.
- A court can order spousal support to either spouse. The court generally considers following factors for support :
- Marriage length
- The behavior of the spouses in a fault-based divorce.
- The age, health, occupation, amount and sources of income.
- Needs of the spouses.
- Future chances for each spouse to earn the assets and income.
- While getting divorce e in Massachusetts court decide the child support money according to child support guidelines of Massachusetts. This considers factors such as gross income of the paying parent ,no of children, age of children etc.
Changes to a child support order are based on change in situations in parentís economy, and the change is in the best interest of the child.
- In Massachusetts, there is 6 months waiting period from the day of the trial to get the final divorce.
- At the last step of divorce the judgment is signed by the judge .Once you received this, the divorce is final.
In this way getting a divorce in Massachusetts, will be simple and less painful if you follow these guidelines.