You can file for divorce in Massachusetts if: 

1. You’ve lived in the state for 1 year, or 
2. The reason the marriage ended happened in Massachusetts and you’ve lived in the state as a couple.

The two ways to file for Divorce in Massachusetts are described in M.G.L. c. 208, § 1A and M.G.L. c. 208, § 1B. See the following links: 

MA law Chapter 208 section 1A 

MA law Chapter 208 section 1B 

In the case of a Joint Petition for Divorce under G.L. c. 208, section 1A, where both parties agree and ask the court together to process the Petition and to approve of a negotiated Settlement Agreement a/k/a Divorce Agreement: 

After you file all the paperwork, the court will set a hearing date and send you notice in the mail. Both spouses must go to the hearing unless the court has accepted an attendance waiver for one spouse. A spouse would have to file a motion requesting a waiver of attendance before the hearing for this. The judge may ask questions about the affidavit or separation agreement. 

At the hearing, the judge will determine that your marriage has broken down and can’t continue. Then, the judge will decide if the separation agreement covers all the issues and is fair to both people. If so, the judge will accept the separation agreement, and an order will enter. A judgment nisi enters automatically 30 days later. 90 days after the judgment date, the divorce becomes final. 

For a Contested Divorce under G.L. c. 208, section 1B: After filing the paperwork the court will issue a Summons which needs to be served on the other party to formally inform them of the court action. From there one party may file a motion with the court to request Temporary Orders where the court provides for things like temporary custody, child support, parenting time, payment of household bills, etc. on a temporary basis while the case moves forward. This period of time following the filing of the Complaint in a contested divorce is when the parties exchange financial information and work towards developing a Separation Agreement a/k/a Divorce Agreement. 

The short answer is that it depends on the type of divorce that is pursued. An uncontested divorce filed by a joint petition may be completed 120 days after the filing date. A contested divorce case may not be complete for more than a year, especially if there are issues such as child custody to be determined.

When a plaintiff files for divorce, both the plaintiff and the defendant become subject to an automatic restraining order concerning assets. This restraining order goes into effect for the defendant when they are served with the Complaint for Divorce. Essentially, this order prohibits both parties from transferring, selling, liquidating, or otherwise disposing of assets, except in the ordinary course of business or to pay reasonable attorney’s fees related to the divorce proceedings. It’s important to note that violating this restraining order may result in the Court imposing sanctions against the party who breaches it. 

Alimony is the amount of money one spouse pays to another spouse. There is no static formula for awarding alimony. Alimony is based both on the need and the ability to pay alimony. Alimony is not awarded in every case. 

The Court must consider the following factors in determining alimony, pursuant to Mass. Gen. Laws. C. 208, § 34: 

1. Length of marriage; 
2.  Conduct of parties; 
3. Age; 
4. Health; 
5. Station; 
6. Occupation; 
7. Amount and sources of income; 
8. Vocational skills; 
9. Employability; 
10. Estate; 
11. Liabilities; 
12. Needs; 
13. Opportunity for future acquisition of capital assets and income; and, 
14. Present and future needs of dependent children (if any). 

Effective for tax years beginning on or after January 1, 2022, alimony and separate maintenance payments are not deductible by the payer and such payments are no longer included in the Massachusetts gross income of the recipient. 

The division of assets is a complicated matter that can vary depending on each party’s circumstances. In most cases, the parties reach a negotiated agreement on the division of assets after there has been full and complete financial disclosure. The Court must consider all of the following factors in reaching its determination, pursuant to Mass. Gen. Laws. C. 208, § 34: 

1. Length of marriage; 
2. Conduct of parties; 
3. Age; 
4. Health; 
5. Station; 
6. Occupation; 
7. Amount and sources of income; 
8. Vocational skills; 
9. Employability; 
10. Estate; 
11. Liabilities; 
12. Needs; 
13. Opportunity for future acquisition of capital assets and income; and, 
14. Present and future needs of dependent children (if any).

SAFETY FIRST. If you are being physically abused, call 9-1-1 as soon as possible. If you have been abused in the recent past, or have been threatened with physical abuse, you may apply for an Order for Protection from Abuse (Restraining Order) pursuant to G.L.c. 209A—The Protection from Abuse Statute. 

Normally, each party is responsible for paying his or her own legal fees and expenses. If your financial circumstances are such that your spouse has sole control of the finances, and you have no access to funds with which you can pay legal fees, you have a right to petition the Court to order your spouse to release to you a portion of the funds with which you can pay your legal fees. 

Under Massachusetts law, there are two types of custody recognized: 

1. Legal Custody – The person who makes the major decisions about the children and holds access to important documents, records, and contacts. 
2. Physical Custody – The person whom the children live with the majority of the time and makes most of the day-to-day decisions regarding the children. 

There can be two types of both legal and physical custody including: 

1. Joint Custody – Custody agreement in which both parents share custody of children, although it does not always have to be equal. 
2. Sole Custody – Custody agreement in which only one parent has been designated the primary custodial parent with physical custody, legal custody or both. The court may also grant visitation to the other parent. 

The primary determination for the court is what is in the children’s best interest when determining custody. There are several factors including: 

1. Parental relocation 
2. Mental and physical state of the child/ parents 
3. Ability of a parent to provide for the child 
4. Effects on the child’s education 
5. Child’s established living pattern 
6. Child’s preference 
7. Situation specific factors 

YES. Child custody modification can be obtained if there has been a material change in circumstance since the time the original agreement was made. The lawyers at Allen Law Group, P.C., will help you revisit your original custody agreement and work to make modifications that better fit the needs of your current family situation. 

Some benefits of a prenuptial agreement in the case of divorce include: 

• Less future court involvement (which also means lower costs for both parties) 
• Makes financial agreements official with spouse 
• Protect family businesses and any associated assets 
• Fewer property conflicts 
• Avoid shared debt liability 

In the Commonwealth of Massachusetts, every child has the right to receive financial support from both parents, no matter their marital status. Child support cases dictate the amount of money the non-custodial parent pays the custodial parent for the care and support of their child. The amount of support depends on factors that make up the Child Support Guidelines.These guidelines take into account each party’s gross income, the number and ages of children, the cost of child care, and the cost of health insurance. 

YES. In 2004, Massachusetts was the first state to legalize same sex marriage. Following suit, in 2015 the US Supreme Court ruled that denying same sex couples the right to marry was a violation of their constitutional rights. 

In Massachusetts, the laws regarding what constitutes a valid marriage are the same regardless of whether a couple is heterosexual or not. In most aspects, same sex couples face the same legal issues that heterosexual couples face when it comes to marriage and divorce. 

The biggest difference comes into play with child custody cases when there is a non-biological parent involved. There may be complex issues that come into play when handling child custody issues and rights of non-biological parents. Although Massachusetts does not require both parents to be biological to have parental rights, there are circumstances in which one parent’s rights could be called into question.