Divorce in Massachusetts
After being resident in the Commonwealth for a year, you should be able to file for Divorce in Massachusetts. If your case is out of the ordinary, for example, your spouse lives elsewhere or child custody is an issue, then the time is residence may change or the Court may or may not have jurisdiction over things like alimony, child support or property division.
Even if you were married in Massachusetts, but if neither spouse currently lives in the Commonwealth, it is unlikely that you can file for divorce in Massachusetts.
Consulting a lawyer with these questions is warranted.
Getting divorced the “Easy Way”
The “Easy” Way of getting divorced: the parties negotiate a full and final agreement (a “Separation Agreement”) straight away, and on all their issues: including property division, alimony, a parenting plan and child support. Filing their agreement, and a “Joint Petition” and related documentation, the parties set their hearing at which the Court establishes the agreement is “fair and reasonable”, which both parties understand and mean to be bound by.
The “Hard” Way; one of the parties files a “Complaint for Divorce”, which is served on the other side. The parties engage in hearings for temporary orders, engage in discovery and contested court hearings . Six months passes, either side may request a trial date and the Case settles with an Agreement that looks much like the one in the “Easy” way.
The “Really Hard” Way; the case does not settle, but goes to Trial, each side puts on witnesses and evidence and the Judge makes the decision, that still looks a lot like the Agreement reach in the “Easy” way of doing things.
Alimony in Massachusetts
Alimony is controversial, traditionally inconsistently applied and remains complicated; you should consult with a lawyer. There are four types of alimony: general alimony, rehabilitative alimony, reimbursement alimony and transitional alimony. General alimony may be awarded if there is a need in the receiving spouse and the other spouse has the ability to pay. The duration for general alimony depends on the length of the marriage. The amount is usually one-third of the difference between the Parties’ gross incomes, but does not come into play if Child Support is being paid and the Parties have combined incomes less than $250,000.00. The other three types of alimony: rehabilitative alimony, reimbursement alimony and transitional alimony usually apply after shorter term of marriages and last on the order of 5 years or less.
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