DIVORCE QUESTIONS AND ANSWERS

ACCORDING TO MASSACHUSETTS LAW

PLEASE NOTE : The information provided is intended to give a general overview of the law in Massachusetts pertaining to various family law issues. It is not intended to establish an attorney-client relationship. If you have specific questions, you may call Attorney Jeff Karp at 617-227-3361 or email him at JKarp@newmanlegal.com.

1. If I want to get divorced from my spouse, do I have to show that it is my spouse's fault for the divorce?

            A: No. While Massachusetts still allows divorces because of the "fault" of a spouse, such as adultery and cruel and abusive treatment, the vast majority of divorces in Massachusetts are filed under one of the two provisions for a "no fault" divorce. Generally speaking, if both parties to the marriage agree that they wish to be divorced and also agree to all of the terms and conditions related to the settlement of the assets of the marriage, child support, visitation, custody, etc., the parties may file a Joint Petition for divorce. This is called a "Section IA" divorce. Or, if each party to the marriage does not agree that he or she wants to get divorced, or the parties cannot agree on all of the terms of the settlement of their assets, or child related issues, one spouse may file a Complaint for Divorce and allege that there has been an "irretrievable breakdown" of the marriage. This is called a "Section IB" divorce.

 2. How much time does it take to get a divorce finalized in Massachusetts so that I may remarry?

            A: Generally speaking, under a Joint Petition for divorce filed by the agreement of both parties (i.e., Section IA divorce) the divorce will become final 120 days after the separation agreement is approved by the court. In cases where the parties cannot agree to the terms of their divorce and one party files a Complaint for Divorce under Section IB, the divorce judgment will enter no sooner than 9 months after the filing of the Complaint for Divorce, but it usually takes longer to litigate the property division and child related issues.

3. In which court will our divorce be filed?

A: Each county in Massachusetts has a Probate and Family Court which handles the vast majority of divorce matters. The divorce action should be filed in the Probate and Family Court located in the county where the parties last lived together. However, if both parties no longer live in the county that they last lived together as husband and wife, the divorce action may be filed in the county where one of the parties now resides.

4. How much does it cost to file a divorce action against my spouse?

A: The Massachusetts Probate and Family Courts charge $215.00 to file a Complaint for Divorce. In addition, there is a $5.00 fee to obtain a summons.

5. What is a separation agreement?

            A: A separation agreement, sometimes also called a settlement agreement, is a comprehensive agreement that is signed by both spouses wherein all of the issues related to the resolution of the marriage are addressed and agreed upon. For example, the separation agreement will include provisions that address the distribution of the marital assets between the former spouses, the payment of child support, the visitation with the children by the non-custodial parent, etc.

6. Will I be entitled to receive alimony from my spouse as a result of the divorce (or, will I be ordered to pay alimony to my spouse as a result of the divorce)?

            A: Generally speaking, in Massachusetts, the Court will look at the entire "marital estate" (i.e., all of the assets of the marriage) and determine whether either of the parties to a divorce will have to pay the other party alimony, or whether a division of the marital assets can be made in such a way to avoid ordering alimony.

7.What are some of the factors in Massachusetts that the Court uses to determine whether or not alimony will be ordered, and the amount of the alimony?

            A: Massachusetts Courts look at many factors in determining the amount of alimony, if any, to be ordered. These factors include the length of the marriage, the conduct of the parties during the marriage, the parties' vocational skills and employability, the health of the parties, and the opportunity of each of the parties for future acquisition of assets and income. The Court may also consider the contribution of each of the parties to the marital assets and the contributions to marriage of a stay-at-home parent or homemaker.