Massachusetts No Fault Divorce

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In a no fault divorce, none of the divorcing partners needs to furnish evidences for any misconduct that the other partner has performed or if you are having any complaint against them. As a result, a divorce process has now become quite simpler and less time consuming due to the absence of all these practices that are performed to prove the misdeed of a spouse. Such divorce is now granted in almost every state in the United States. However, few states may have defined some specific conditions that are expected to be fulfilled in advance before filing the case in the state. Some of these states demand some months of separation prior to officially grant the permission of depart. Massachusetts no fault case entails such legal formalities through its proceedings. However, the separation period may vary from state to state, depending upon the state laws and rights.

Choice of divorce

Massachusetts is a mixed state, i.e., either faults or no fault grounds can be stated in order to provide legal termination to your marriage. It has been observed that a majority of divorcing couples choose no fault case. The reason being, it is more economical and needs lesser duration. Also, it becomes possible to prevent the undesired court battles that are generally a part of almost every fault cases. If the divorcing couple has children, the couple wishes that the children should not become a witness to the court battles.

Presently, the court considers all cases as no fault ones in Massachusetts. The fault of the party is taken into account only if it has an impact on the property division or child custody. Some divorcing partners are 100%sure that if they prove the fault of their partner, then they have an advantage over the other regarding the issues like property division and child custody. In such a scenario, they may make the choice of a fault case.

Grounds of Massachusetts no fault divorce

A no fault case in Massachusetts can only be granted if suitable ground is mentioned by either of two parties. The divorcing partner who wishes a divorce can simply make a statement that the marriage has been irretrievably broken down. Such a thing may have occurred due to one of the following reasons.

• Incompatibility of temperament
• Irreconcilable differences

Certain aspects of Massachusetts no fault divorce

• The legal papers can be filed in the county in which the divorcing couples have been resided during their marriage phase. However, if none of the divorcing partners reside in that county, then the county in this state wherein either of two divorcing partners currently resides can be selected as the place for filing. If a joint petition is filed, there is no need to serve legal papers especially to the opponent side, and hence lot of time can be saved and the process can be accelerated.
• No particular waiting period prior to the final hearing has been specified.
• After the petition is filed by either of two partners, the court schedules a hearing session within two to four weeks.
• As per the law of this state, the court initially presents a "judgment nisi" which includes detailed information of the divorcing parties.
• Ninety days after filing the judgment nisi, it is automatically transformed to a final decree. Thus, the divorce becomes final after ninety days from the date the Judge signed the judgment nisi.
• As a part of the divorce proceeding, the wife can restore her former name. This can be done without any extra expense.
• When final judgment is announced regarding all marital issues, then both the divorcing partners are free to remarry.
• Consider that the divorcing partners have minor children. Then, it is compulsory that they should attend an approved Parent Education Program. Within sixty days after the legal papers have been filed, the divorcing partners must register with an approved organization, and remain present for the next available session.
• Some crucial issues such as settlement of alimony support necessarily requires the involvement of the court during fault as well as no fault cases in Massachusetts. Therefore, some essential factors such as, length of the marriage, standard of living, age and health of both the parties, source of income etc, are positively taken into consideration before approving the final amount for spousal support.

Massachusetts no fault divorce mainly occurs when both the spouses are interested to part ways from each other along after settlement of various marital issues prior to filing the case in the court. Therefore, the court judges just have to approve a joint agreement that is presented by both the parties.

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