Massachusetts Divorce Law

Massachusetts Divorce Law- The Information You Need

On your wedding day the last thing that comes to mind is a potential divorce. If you reside in Massachusetts and are planning to file for divorce then you probably have questions regarding Massachusetts divorce law. Divorce law in Massachusetts is dealt with in chapter 208. It permits one to file for divorce in the case of a marriage of two dissimilar people with little or no common interests. Under it one can opt for divorce by filing a petition which is signed by both the parties interested in divorce or by their attorneys, a sworn affidavit executed by the couple either together or separately stating that the marriage cannot be saved and a notarized agreement of separation which is signed by the petitioners. According to Massachusetts divorce law the petition for divorce might be challenged or unchallenged. In the case of an unchallenged and no fault divorce the petitioners have to wait for a period of 120 days, in other cases the time taken for the divorce proceedings to wrap up is about six months. Even fault divorces are allowed in Massachusetts. According to Massachusetts divorce law one must be a resident there for one year to file for divorce.

The state of Massachusetts believes in evenhanded division, meaning that whatever is acquired during the period of the marriage is to be shared. While granting divorce some legal factors are taken into consideration. They constitute:

• The duration of the marriage
• The behavior of both partners during the marriage
• The property, liabilities, ability to work, occupational skills, income, age, location, job and physical condition of both partners
• The ability to acquire assets and earnings in the future
• The present and future needs of any dependent children

To file for a divorce the petitioners have to fill out the forms which differ for contested and uncontested divorce. There are 3 ways of filing for a divorce since the guidelines of Massachusetts divorce law are not rigid. Couples may go for litigation, mediation or collaborative law according to what suits them the best.

Litigation is the most common path taken by divorce couples in Massachusetts where both of the partners hire an attorney each who in turn files the case in court on behalf of his client and obtains orders from the court regarding the guardianship of children (if any), sharing the property and sustenance. At first, efforts are made to resolve the case harmoniously and quick, and if this fails Massachusetts divorce law deems that the court becomes directly involved.

The other option is mediation where the petitioners hire a divorce mediator who is usually someone they know like an attorney or a family counselor. They are unbiased and conduct sessions to resolve the problems without going to the courtroom. Though a mediator does not make decisions, it is a much faster and cheaper process since the mediator is the common factor between the couple. Mediation can also reduce the chances of emotional damage.

The third and the most viable option is collaborative law which is a somewhat newer and fresher approach to Massachusetts divorce proceedings. In it, both petitioners select an attorney each who in turn agree in writing to solve the matter out of court and if it does go to court they pull out of the case. It is slightly costlier than mediation, yet it makes the entire process more organized, ingenious and less harsh.

Massachusetts divorce law allows petitioners to choose from any of the three ways of filing for divorce keeping in mind their needs and the needs of those who are dependent on them without publicizing the whole issue unnecessarily. If you need assistance with your divorce consult a competent attorney who specializes in Massachusetts divorce law.