Frequently Asked Questions About Massachusetts Divorce Law, Part I of V
- How Do You Initiate A Divorce
A divorce may be initiated by either a Joint Petition or a Complaint. Both lead to the same place: a legal judgment of divorce and a determination of the issues relating to custody, support and the equitable distribution of property. A Joint Petition should be used where there is an agreement on the issues and, hence, an “Uncontested Divorce.” A Complaint should be used in cases where the divorce is contested. In both cases, there is a filing fee.
- What is the
Proper Court
To File In: Is It
Massachusetts
?
Massachusetts has jurisdiction to accept a filing if the parties last resided in Massachusetts as a married couple or if they last lived together in another state, at least one of the parties must have lived in the Commonwealth for at least one year prior to filing.
- Is
Massachusetts
a No Fault or A Fault Jurisdiction
Massachusetts
is both a no fault and a fault jurisdiction. If the grounds are irreconcilable differences leading to an irretrievable breakdown of the marriage which continues through the date of filing and divorce, the grounds are “No Fault.” If a party alleges grounds to include alcohol abuse, drug abuse, desertion and/or adultery which leads to the divorce, it would be a “Fault Divorce.”
- Can I Get Child Support Or Spousal Support Immediately?
Yes. Upon the filing of a divorce complaint, there are grounds to seek relief before the court upon service to and at least 10 days notice to your spouse. There are emergency remedies available if a child’s safety is at risk but the Court doesn’t look kindly on making your procrastination on financial issues “their emergency.” The Court docket is crowded with true emergencies relating to the safety of children and other related issues more important than financial ones.
- How Much Child Support Will I Get?
Most child support determinations are the result of an application of the Child Support Guidelines provided that the combined income of the parties is $250,000 or less. These Guidelines are available at the State web-site and there is a child support calculator available also as a public service. The Court may deviate from these Guidelines if an application of them would be unfair or if there are special circumstances such as physically or mentally challenged children.