Massachusetts Divorce Tips

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Legal matters like divorce are extremely personal. Often people don't want to discuss the marital issues. But if you decide to go for a divorce, you need to have some key information about your case like residential requirement, finance, child custody, alimony, etc. You can do some research on your own before going to the lawyer who will guide you throughout your case. When you are going for a Massachusetts divorce, you should know Massachusetts divorce rules. We are here to help you in this pursuit. We have prepared a list of Massachusetts divorce tips that present to you a clear picture of your case.

Some fundamental Massachusetts Divorce Tips:

  • The residency requirement in Massachusetts court requires that one partner should reside in Massachusetts if the grounds for divorce happened in the state. But if the grounds occurred outside Massachusetts then the spouse should live in the state for a period of at least 12 months.

  • There are 2 grounds for divorce- no-fault and fault basis. In the no-fault ground, an irretrievable breakdown of marriage may start with the filing of the following:
    • a petition signed by both the partners or their lawyers
    • a sworn affidavit that is jointly or individually executed by the partners stating that an irretrievable breakdown of the marriage.

  • A division on fault ground can be accepted on the basis of following factors:
    • impotency
    • adultery
    • desertion for a period of 1 year just prior to the date of filing of the complaint
    • bad and abusive treatment
    • if a capable spouse denies support and maintenance for the support, willingly and cruelly
    • proven habits of intoxication caused by the excessive use of liquor or drugs

  • Consider the following situations in an action for divorce:
    • A person falsely personates another
    • A person intentionally and fraudulently obtains a person for personating
    • A person fraudulently obtains false testimony
    • A person makes fraudulent or false return of service of process

    The person caught executing any of the above four situations might be imprisoned for a specific duration as prescribed by law or may be fined some amount decided as per law.

  • If after the divorce has been granted, the divorced husband and wife cohabit or live together in the same residence, they can be charged with adultery.

  • Assume that a person, who is an inhabitant of this (Massachusetts) Commonwealth, goes to another jurisdiction with the intent of procuring a divorce:
    • The cause of the divorce that occurred in this state and the partners were also residing in this state.
    • The cause does not authorize a divorce by the laws of this state.

    In the above circumstances, if the person procures a divorce in another jurisdiction, such a divorce has no force in this state.

  • The court might use its discretion and award the expenses and / or costs of the divorce to any one partner, irrespective of whether the marital relation has ended or not.

  • If an employee is trusteed under Section 36A, his or her employer cannot discipline or suspend or discharge such an employee. If any employee violates this rule then such an employer has to disburse the employment benefits and compensation lost during the duration of unlawful discipline, suspension and discharge.

  • If the court orders support or alimony for the children or spouse, then, the court might need enough security for the payment as per the judgment. Every order of support or judgment that is issued, reviewed or modified as per G.L.C. 208 Section 36 is supposed to be enforced as per the provisions written in Section 12 Chapter 119 A.

  • When the court orders visitation to the abusive parent, the court takes due care about the well being and safety of the child and the abused parent. For this, the court takes into account several factors, some of which are discussed below:
    • Appointment of a lawyer or guardian ad litem for the child
    • Requiring a bond from the abusive parent regarding the safety and return of the child
    • Prohibiting overnight visitation
    • Issuing orders that the abusive parent must pay the expenses of supervised visitation
    • The orders should mention that the visitation must be supervised by an apt agency or visitation center or third party
    • An exchange of the child should take place in a protected setting or when an apt third party is present

Sole Physical Custody implies that the child would reside with one parent, who also has the responsibility to supervise this child. There is reasonable visitation by the other parent. The court might determine that visitation by the other parent is not in the best interests of the child. Massachusetts divorce tips do not cover each and every state law. Although, your lawyer will fight the case on behalf of you, it is always better to keep the divorce tips in mind.

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