Massachusetts Divorce Laws
In Massachusetts, the residency requirements are different depending on if the cause of the divorce happened within or outside the state. The requirements are slightly more complicated than in other states. A divorce in Massachusetts is filed by a plaintiff or petitioner in the probate court of the county where either spouse lives. The other party is referred to as the defendant or respondent.
The initial document to file for divorce is called a Petition or Complaint, while the final document is the Judgment of Divorce. A divorce that is uncontested by either party is known as a no fault divorce. The parties state that there has been an irretrievable breakdown of the marriage, and the divorce may become final earlier than what is considered a fault divorce. Grounds for a fault divorce in Massachusetts include: adultery; impotency; desertion by one spouse, sometimes for such a lengthy period of time that the spouse is presumed dead; habits of intoxication; cruel or abusive treatment; refusal by one spouse to reasonably support the other spouse; or a jail sentence for one of the spouses.
Massachusetts may demand a waiting period depending upon the grounds for divorce. Upon the completion of a divorce, either spouse may request a name change to return to a previous name, such as a woman asking for her maiden name to be restored.
Massachusetts Divorce Laws & Property
The court will determine how to divide marital property if the parties cannot come to an agreement. Any inheritances or gifts can be considered separate property and may remain with the original owner. Pensions or retirement funds may be considered marital property. In general, the marital home will be awarded to the parent with child custody, but there are exceptions. The court will consider the following factors when dividing property:
the duration of the marriage
the conduct of each spouse during the marriage
the age and health of both parties
the lifestyle of each party
the occupations and financial resources of both spouses
each partner’s education and job skills
the debts and financial condition of each party
and any future earning opportunities for both parties.
Massachusetts Divorce Laws & Alimony
Spousal support is not guaranteed, but either party in the divorce may request it. When determining alimony, the court considers these factors:
the duration of the marriage
the age, health, and marital conduct of each party
the lifestyle and occupation of both spouses
the sources of income, financial resources, and job skills of both parties
the future employment opportunities of both parties, including any job training or education required
and the contributions of each spouse to the marriage assets or household, including homemaking and child care.
Alimony can include providing property or other benefits such as health insurance. In some cases, alimony is awarded for the duration of the divorce proceedings before the divorce is final.
Massachusetts Divorce Laws & Child Custody
The court will do everything in its power to ensure the best interest of the child when awarding custody. Physical custody is where the child will live, with the noncustodial parent usually awarded visitation rights. Legal custody is the right of both parents to make decisions regarding major issues for the child, such as religion or education.
If either parent contests the court’s decision regarding custody, parents are asked to develop a parenting plan that addresses the child’s education, health care, location of the child for major holidays and events, and how the parents plan to resolve issues between themselves. The court will take these into consideration and address any joint or shared custody petitions. Any evidence of abuse or past desertion by either parent will reflect poorly on the guilty parent.
Massachusetts Divorce Laws & Child Support
Massachusetts has a detailed system to calculate financial child support. The incomes of both parents are considered along with other financial factors, and then a percentage is calculated which determines how much each parent can reasonably provide for the child’s care. In some cases, children who are no longer minors but still living with a custodial parent, such as college aged children, can still be eligible to receive child support. Other factors that can influence child support include:
alimony payments
which parent claims the child as a dependent on tax forms
who pays what amount for child care; the age of the child
which parent provides health insurance for the child
and other financial obligations for the parent.
When there are expenses that are in addition to everyday costs, such as school activities or extensive medical or dental needs, the court will decide the percentage that each parent is required to pay.
