GROUNDS FOR A DIVORCE:
Grounds for requesting a divorce in Massachusetts include 1) a claim by one or both spouses that the marriage is irretrievably broken down; 2) cruel and abusive treatment; 3) impotence; 4) imprisonment for over 5 years; 5) alcoholism and/or drug addiction; 6) desertion; and 7) nonsupport whereby a spouse is able to provide support but refuses to do so. Presently, irretrievable breakdown of the marriage is the most commonly cited reason for obtaining a divorce in Massachusetts.

NO FAULT DIVORCE:
An action for divorce on the grounds of irretrievable breakdown of the marriage (also called a "no fault" divorce) is initiated when one spouse files a Complaint for Divorce in the Probate and Family Court and has the Complaint served upon the other party by sheriff. After a Complaint is filed with the court, there is a six-month waiting period before the matter can be marked for a pretrial hearing, trial or divorce hearing. If immediate relief for custody or temporary support is needed, either party may seek a Motion for Temporary Orders. When both parties believe that the marriage is no longer viable, they may file a Joint Petition for Divorce accompanied by a sworn affidavit of irretrievable breakdown of the marriage. Joint petitioners may request a hearing as soon as they have determined the terms of their divorce, including the division of property, custody, visitation and child or spousal support, where applicable. This agreement is then reduced to writing in the form of a Separation Agreement, which is signed by both parties, notarized, and filed with the Probate Court.

PROCEDURAL CONSIDERATIONS:
If the grounds for divorce occurred in Massachusetts, one spouse must be a current resident in order for Massachusetts courts to exercise jurisdiction. If the grounds occurred outside of the state, the spouse filing for divorce must have been a resident for at least 1 year. In general the divorce should be filed in the county in which the spouses last lived together. If neither spouse is currently living in that county, the divorce action can be commenced in the county where either spouse currently resides. In order to provide time for consideration prior to a permanent termination of the marriage, there is a mandatory waiting period between the date of the divorce hearing and the entry of a final decree of divorce. When one spouse files a Complaint for Divorce, the final judgment of divorce occurs 90 days after the divorce hearing. Where both spouses file a Joint Petition for Divorce the final decree of divorce occurs 120 days after the divorce hearing.

WHY HIRE AN ATTORNEY:
In Massachusetts, divorcing couples are free to define the terms of their agreement without the assistance of legal counsel and to represent themselves in court (pro se). However, when intimate relationships breakdown, few people are able to effectively discern and assert their needs while still managing the transitions and difficulties of their changed circumstances. Given the emotional challenges characteristic of divorcing families, those couples who do not require legal counsel should strongly consider obtaining individual attorneys for the purpose of reviewing the required forms prior to court submission, as well as discussing the terms of their separation agreement. For others contemplating or pursuing a divorce, their greatest chance of obtaining their objectives is to hire an attorney who will attentively listen and understand their unique situation and zealously advocate on their behalf.

Attorneys Esser and Kingston respond quickly and sensitively to their client's changing needs and are able to act effectively in situations where the parties can remain amicable and cooperative, as well as those with strained communications and contentious interests.

All material on this site is intended for general information purposes only and does not constitute legal advice. For legal issues that arise, the reader should consult legal counsel. Responses to inquiries whether by e-mail, telephone or other means do not constitute legal advice nor do they create or imply the existence of an attorney-client relationship.

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