Here are Our Most Frequently Asked Questions about Divorce.
Have a question about Family Law? Click Here to see the Family Law FAQ.
To file for divorce in Massachusetts, one party must have lived in the state for at least one year, or if the reason for the divorce occurred in Massachusetts and you both lived as a married couple in Massachusetts.
You file a Complaint for Divorce in the Probate and Family Court in the county where you and your spouse last lived together, or in the county where one of you currently lives.
Massachusetts allows for both fault and no-fault grounds for divorce.
No-fault grounds include irretrievable breakdown of the marriage, meaning there’s no hope of reconciliation.
Fault grounds include adultery, desertion, cruel and abusive treatment, and drug or alcohol addiction.
The time it takes to finalize a divorce in Massachusetts varies depending on the complexity of the case and whether it is contested or uncontested.
Generally, uncontested divorces where both parties agree on all issues can be completed in a few months, contested divorces may take a year or more.
Massachusetts is an equitable distribution state, this means that marital property is divided fairly, but not necessarily equally.
Marital property includes assets acquired during the marriage.
Separate property includes assets owned before the marriage or acquired by gift or inheritance.
The court considers factors such as the length of the marriage, each spouse’s contributions, and future financial needs when dividing property.
Child custody in Massachusetts is determined based on the best interests of the child.
The court considers factors such as each parent’s ability to provide for the child’s physical and emotional needs.
The child’s relationship with each parent, and any history of abuse or neglect.
Custody can be joint (shared) or sole (one parent has primary custody).
Massachusetts has child support guidelines that take into account the income of both parents, the number of children, the cost of childcare and health insurance.
Child support payments are typically made by the non-custodial parent to the custodial parent.
It is highly recommended, especially if your case involves complex issues such as child custody or division of assets.
A lawyer can help ensure that your rights are protected and that the divorce agreement is fair.
Yes, child support and custody arrangements can be modified if there has been a significant change in circumstances. Such as, change in income or living arrangements. However, you will need to petition the court for a modification and demonstrate why the change is necessary.
In many Massachusetts counties, mediation is required for contested divorce cases involving child custody and visitation issues.
Mediation is a process in which a neutral third party helps the parties reach a mutually acceptable agreement.
If mediation is unsuccessful, the case will proceed to trial.
If you and your spouse cannot reach an agreement on the terms of the divorce, the case will go to trial and a judge will make decisions on issues such as property division, child custody, and support.
It’s important to have legal representation to advocate for your interests in court.
Marital property includes assets acquired by either spouse during the marriage.
This can include real estate, vehicles, bank accounts, investments, retirement accounts, business interests, and personal property.
Marital property does not usually include assets acquired before the marriage, inheritances received by one spouse, or gifts given to one spouse during the marriage.
Generally marital property and marital assets are divided equally between the spouses.
Property division is based on factors such as each spouse’s financial contributions, earning capacity, age, health, and the duration of the marriage.
Each spouse’s income, earning capacity, and financial contributions to the marriage.
The length of the marriage and the standard of living established during the marriage.
Any prenuptial or postnuptial agreements between the spouses.
Custody arrangements and the financial needs of any children.
Tax consequences and other financial considerations.
Marital debts, including mortgages, credit card debt, loans, and other liabilities acquired during the marriage, are also subject to division in a divorce.
Hiding assets during divorce proceedings is illegal and can have serious consequences.
In many cases, a spouse can remain on the other spouse’s health insurance plan for a period of time after divorce through COBRA (Consolidated Omnibus Budget Reconciliation Act) coverage. COBRA allows individuals who lose their health insurance coverage due to certain qualifying events, such as divorce, to continue coverage for a limited time (usually up to 36 months) by paying the full premium.
After COBRA coverage ends, individuals may need to obtain health insurance through other means, such as through their employer’s health insurance plan, purchasing a plan through the Health Insurance Marketplace (Obamacare), or qualifying for Medicaid or other government-sponsored programs.
Yes, health insurance coverage can be negotiated as part of the divorce settlement.
Spouses may agree on how health insurance coverage will be maintained for both spouses and any dependents.
If children are involved in the divorce, the divorce agreement may also include health insurance coverage for them.
Typically, one or both parents will be required to provide health insurance for the children, and the costs may be divided between the parents based on their respective financial resources and other factors.
If a spouse fails to comply with the terms of the divorce settlement regarding health insurance coverage, the other spouse may seek enforcement of the agreement through the court.
Under the Affordable Care Act (Obamacare), health insurance plans cannot deny coverage or charge higher premiums based on pre-existing conditions.
Individuals with pre-existing conditions should still be able to obtain health insurance coverage, either through employer-sponsored plans, the Health Insurance Marketplace, or other options, even after divorce.
Alimony is a legal obligation for one spouse to provide financial support to the other spouse after divorce or separation.
Typically, the spouse who earns less or is financially dependent on the other spouse may be eligible to receive alimony.
Each spouse’s income.
Each spouse’s earning capacity.
Each spouse’s financial needs.
The standard of living established during the marriage.
The length of the marriage.
Any other relevant factors specific to the circumstances of the case.
Courts have discretion in determining the amount of alimony, and the specifics can vary depending on state laws and individual case details.
It may be temporary.
Rehabilitative, provided for a specific period to help the recipient spouse become self-supporting.
Permanent.
The length of the marriage and the terms of the divorce settlement or court order will influence the duration of alimony.
Alimony orders may be subject to modification or termination under certain circumstances.
A significant change in either spouse’s financial situation, the recipient spouse’s remarriage or living with a new partner, or the death of either spouse.
Under current tax laws, alimony payments are no longer tax-deductible for the paying spouse.
Recipients of alimony do not have to report them as taxable income.
Yes, spouses can negotiate the terms of alimony outside of court through mediation, collaborative divorce, or direct negotiation.
Failure to comply with alimony obligations can result in legal consequences.
Wage garnishment.
Asset seizure.
Contempt of court charges.
Yes, you can petition the court to modify certain aspects of your divorce in Massachusetts if there has been a significant change in circumstances since the original agreement was issued.
Child custody
Visitation schedules
Child support
Alimony
Health insurance coverage for children.
Changes in income
Employment status
Here are Our Most Frequently Asked Questions about Family Law.
Have a question about Divorce? Click Here to see the Divorce FAQ.
Child custody in Massachusetts is determined based on the best interests of the child.
The court considers factors such as each parent’s ability to provide for the child’s physical and emotional needs.
The child’s relationship with each parent, and any history of abuse or neglect.
Custody can be joint (shared) or sole (one parent has primary custody).
Massachusetts has child support guidelines that take into account the income of both parents, the number of children, the cost of childcare and health insurance.
Child support payments are typically made by the non-custodial parent to the custodial parent.
Yes, child support and custody arrangements can be modified if there has been a significant change in circumstances. Such as, change in income or living arrangements. However, you will need to petition the court for a modification and demonstrate why the change is necessary.
If children are involved in the divorce, the divorce agreement may also include health insurance coverage for them.
Typically, one or both parents will be required to provide health insurance for the children, and the costs may be divided between the parents based on their respective financial resources and other factors.
Child custody
Visitation schedules
Child support
Alimony
Health insurance coverage for children.
