Massachusetts Divorce Laws

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Massachusetts divorce laws provide a complete analysis of a divorce procedure in the state. Also, they provide a set of statues that are important to guide a divorce case. The major requirement that are to be accomplished before the application of divorce is residency condition. In Massachusetts, The requirements are of one year. The spouses or at least one of them should be a resident of the state for the prescribed period in the laws. There are other provisions regarding the child care and spousal maintenance that are mentioned below in a brief manner.

Massachusetts Divorce Laws regarding Child Support

The General Laws of this state Chapter 208-28 are the basis of deciding child support. The Court applies the Child Support guidelines to determine the amount of support for the child. There exists a rebuttable presumption that the precise value of child support can be obtained from the guidelines. However, taking into account the circumstances and particular facts of the case, the Court departs from the guidelines if it is in the best interests of the child.

The Court orders continuation of support, when -

• a child has completed 18 years of age but has not reached 21
• resides in the house of the parent
• depends mainly on the parent for maintenance

OR, when -

• a child has completed 21 years of age but has not reached 23
• resides in the house of the parent
• depends mainly on the parent for maintenance as the child has joined an educational program (exclusive of expenses of education after an undergraduate degree)

Massachusetts Divorce Laws regarding Child Custody

The General laws of this state Chapter 208-31 are observed while allocating child custody. There is no presumption either against or for shared physical or legal custody. The Court ponders if the past and present life of the child has undesirably impacted the emotional, moral, mental and physical health of the child. Sometimes it may happen that the parents reach a consensus regarding custody and form an agreement. Then, the Court issues orders as per this agreement, if it does not find any evidence that this agreement is not in the best interests of the child. The custody and visitation orders of the court should be followed strictly till the child is in care of the parents. Once the child attains the age of maturity, the child custody orders are eliminated.

Restoration of wife's name

As a part of the divorce procedure, the Court may permit the wife to begin using the name of her former husband or her maiden name. Chapter 208-23 of the General Laws of the state are followed in this regard.

Spousal support

Spousal support can be requested by any of the partners who is going to be affected badly after divorce. The Court might issue orders that one of the partners is obliged to pay spousal support to the other. Chapter 208-34 of the General Laws of this state are adhered to. The Court speculates the below mentioned issues while finalizing the amount of spousal support -

• Input of each partner as a homemaker
• Input of each partner in attaining, preserving and appreciating the value of the respective estates
• The present and future requirements of any dependent children
• Requirements, liabilities, estate, employability and vocational skills of the partners
• Sources and amount of income, occupation, station, health and age of the partners
• Demeanor of the partners in marital life
• Duration of marital life

Property distribution

Prior to the decision of property distribution, the Court contemplates over the same issues mentioned under the spousal support section above. This state is an equitable distribution state. The personal and real property that is owned by the partners before the marriage is regarded as separate property of the respective partners. After a divorce is granted by the Court, the partners cannot claim dower or courtesy in the land of the other partner. The marital property is divided according to the respective financial conditions of the partner. The court may consider various issues while deciding the property distribution. Some of the important factors are amount of alimony and child support to be paid by the partner.

So, this is the way in which a divorce and other related issues are governed by the Massachusetts divorce laws. These laws set a legal boundary in which the case is presented and contested in the court. A detailed study of the laws is necessary for those who are opting for the contested divorce in the absence of any co-operation from the spouse.

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