Learn How to File for a Massachusetts Divorce

It is rather easy to respond to the query: “What is required to get a divorce petition granted in Massachusetts?” As a rule of thumb, you need to know that, provided you follow the regulations that come under the Massachusetts divorce laws, you can get a separation from your spouse in a speedy and hassle-free manner.

At the very outset, make sure that you satisfy all the residency requirements prescribed by the Massachusetts divorce authorities. In general, if the grounds for divorce cited at the court has its origin within the state, you and your spouse must have been living in the state as a married couple. If there was any incident that occurred outside the state and it compelled you to move for divorce, you need to remain within Massachusetts for 365 days (minimum) after initiating the divorce petition.

Grounds for Seeking Divorce in Massachusetts

The grounds of moving for a divorce case are clearly stated in the Massachusetts divorce rules and regulations. On a generic plane, there can be two sets of such causes for seeking divorce. You can cite a ‘fault-based’ ground, or a ‘no-fault’ ground for divorce from your spouse.

As is evident from the name, the ‘no-fault’ clause that can be cited in MA divorce cases refer to the situation when your marriage is deemed to have been destroyed irretrievably. In such a case, you are not bringing any fault on your spouse and neither is your spouse. Both of you just want the divorce to move on in life.

Alternatively, you can decide to approach the court for an ‘at-fault’ divorce if your partner is convicted for a criminal offense, has excessive addiction problems, is physically and/or mentally abusive, is impotent, or has left you. Proven adultery is also recognized as a justifiable ground for divorce.

In regard to the initial paperwork, you can initiate the divorce motion in the relevant Massachusetts or Boston divorce court by issuing a ‘Complaint for Divorce.’ If however you and your spouse wish to be separated with mutual consent, all you need to submit is a ‘Joint Petition for Divorce.’ In this case, the issues related to the divorce proceedings are settled with the agreement between your spouse and yourself.

Property and Alimony Issues

The debts as well as the assets in your and your partner’s name are divided in an ‘equitable’ manner by the court. For this, the court considers several factors. These factors include the period for which you had been married, the manner in which either of you conducted yourselves during that time, and the future employability and individual contributions to property by you and your wife/husband.

Similarly, the issues related to alimony payment are also determined by the court. The current financial status of both the spouses, the respective potentials to earn adequately, insurance policies of the two of you and homemaking abilities of yourself and your partner are important issues here. The Massachusetts court of divorce will ensure that the interests of your child (if any) from your current marriage are kept intact as you are divorced from your partner. The granting of custodial rights to you or your spouse also has effects on alimony arrangement and property-distribution.