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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Massachusetts divorce.
Make sure that your situation matches
all the requirements.
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 Grounds for divorce
Residency requirements
Where to file
Division of property
Separation
Child Custody & Support
Name change
Massachusetts law allows for a no fault divorce based on irreparable breakdown of the marriage.
A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage. (Massachusetts General Laws, Chapter 208, Section 1)
Uncontested divorce based on irretrievable breakdown of the marriage: An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of:
- a petition signed by both joint petitioners or their attorneys;
- a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and
- a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required.
(Massachusetts General Laws, Chapter 208, Section 1A)
If the court finds that the marriage is irretrievably broken, the court shall approve the separation agreement and enter a judgment of divorce nisi. The agreement either shall be incorporated or merged into said judgment or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract.
What is the difference between fault divorce and no-fault divorce?
If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce (Massachusetts General Laws, Chapter 208, Section 5)
An action for divorce shall be commenced in probate court by the filing of a complaint. Said complaint shall be accompanied by a statistical report, upon a form prepared by the commissioner of public health and made available through the office of the register of probate, to include the name, residence, date of birth and social security number of each of the parties, the name of the plaintiff, the number of times each of the parties had been married before, if any, the date of the marriage being dissolved, the number of children born of such marriage, if any, the name and date of birth of each such child, the number of minor children in the care and custody of the parties, if any, and such additional information as the commissioner of public health deems useful for statistical and research purposes. (Massachusetts General Laws, Chapter 208, Section 6B)
As far as Massachusetts is an "equitable distribution" state all marital property must be distributed as the court sees fair. Upon an action for divorce by either spouse for a cause accruing after marriage, the real and personal property of the other spouse may be attached to secure suitable support and maintenance to the plaintiff and to such children as may be committed to his care and custody.
You can certainly be separated in MA but Massachusetts law does not recognize “legal separation” in a way other states do. You may file “complaint for separate support” that will allow you to break up with your spouse but remain married.
Most of child custody cases are decided in Probate or Family Court.
The court granting a divorce may allow a woman to resume her maiden name or that of a former husband (Massachusetts General Laws, Chapter 208, Section23)
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To better understand the health care and pecuniary related issues our legal articles and other law related information may be of interest to you.
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Divorce 'makes men richer'
It makes financial sense for men to divorce or leave their partners. Men who stay married ...
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Money is the main reason of family quarrels and divorce
A research project during which was interviewed about 33,000 people ...
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Chats destroy a marriage
In USA internet-dialogue in so-called chats becomes more and more often reason of divorces ...
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Freda Brown, EA, CDFA Recognized as a Woman of Excellence by Strathmore's Who's Who Worldwide Publication
PR.com (press release)
Freda Brown is the Owner of Divorce Financial Services located in Massachusetts. The company provides assistance to individuals with complex financial issues to enable both parties to leave a marriage equally financially. Freda is an Enrolled Agent and ...
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A Legal Battle for Same-Sex Parental Rights
Jackson Free Press
Same-sex marriage was illegal at the time and would be legal until 2015, so the couple went to Massachusetts to get married. They adopted their first son in 2007 before they were married, but after their marriage in 2009, they wanted to have a child of ...
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Are Blue States Better at Exemplifying Red State Values? The Data Might Surprise You.
Big Think (blog)
The same can be found for the divorce rate. Of the states with the ten highest divorce rates, eight of them are solid red, while the state with the lowest divorce rate is bright blue Massachusetts. This study shows the five states with the highest ...
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Mooch out the dog house: Scaramucci's wife drops divorce petition four months after she kicked him out while she was ...
Daily Mail
Anthony Scaramucci's wife has dropped her divorce case against the former White House communications director, according to The Blast. Deirdre Ball dismissed her case on Thursday in a Nassau County Supreme Court according to court documents. Ball first ...
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