Massachusetts Divorce Laws 2024 Explained

No married couple expects their marriage to end in divorce. However, divorce is sometimes the only option for couples who have fallen out of love. Divorce is an unfortunately common occurrence. A divorce might be the only way to preserve each spouse’s mental and emotional health. Retaining the services of a divorce lawyer can help you figure out your next steps. Understanding the Massachusetts divorce laws can keep you well informed.

Seeking a Divorce in Massachusetts

Seeking a divorce in Massachusetts can be a difficult process, depending on the kind of divorce you want to pursue. It can be fault-based or no-fault-based. While Massachusetts is a fault state for divorce, many divorces in the state are filed as no-fault in order to avoid a long and arduous process. If you want to pursue a fault divorce, you can. It just may take longer to finalize.

Requirements for Divorce

Before you decide to file for divorce in Massachusetts, you need to ensure you fulfill the state’s residency requirements for divorce. The state’s residency requirements are focused on the area where the cause of the divorce happened. If the cause occurred in the state of Massachusetts, you are only required to live in the state with the intention of staying long-term at the time of your filing.

If the cause did not occur in Massachusetts, you will need to have lived in the state for at least a full year before filing for divorce. If you ultimately decide to file for a fault-based divorce, you need to establish grounds for divorce. There are only a handful of grounds that qualify in the state. Pursuing a fault divorce is often far more costly and complex than just filing for irreconcilable differences and accepting a no-fault divorce. Here are some of the grounds:

• Adultery: Adultery remains one of the oldest reasons for divorce in the entire state. When your spouse is unfaithful to your marriage, it can cause you to spiral. It can make your whole world crumble around you. You may lose all trust and love that you had for them in an instant. If your spouse commits adultery, you can use it as grounds for a fault divorce.
• Impotency: Many couples get married with the intention of having children and starting a family of their own. If one of the spouses is infertile and cannot physically have children, the other spouse can use that unfortunate truth as grounds for a fault divorce. Impotence as grounds for a divorce is rare in Massachusetts, but it is still considered a valid reason for divorce.
• Utter Desertion: If one spouse decides to abandon the marriage and leave the home with no intentions of ever returning, the remaining spouse can file for a divorce under grounds of utter desertion. They would need to provide evidence of intent to abandon. If the spouse who left returns and tries to reconcile, that would hurt the other spouse’s chance of proving utter desertion.
• Gross and Confirmed Habits of Intoxication: In Massachusetts, you can file for a divorce from your spouse if they engage in excessive alcohol or drug use. Excessive is the keyword here. If your spouse has a drink now and then, that’s not enough to establish grounds. If they overcome their problem before the divorce is filed, there won’t be any grounds. It needs to be a serious problem that is hurting you or your spouse’s life.

FAQs

What Is a No-Fault Divorce?

A no-fault divorce is a way to pursue a divorce that does not assign blame to either party for the dissolution of the marriage. The grounds are referred to as “irreconcilable differences,” which means that both spouses just fell out of love. Filing for a no-fault divorce can be easier on both parties, as everything is usually agreed upon prior to filing.

Is Massachusetts a 50-50 State When It Comes to Divorce?

No, Massachusetts is not a 50-50 state when it comes to divorce. Instead, Massachusetts uses equitable division to divide the marital assets in a way that is fair to both parties. Instead of splitting everything down the middle, the court will divide assets in a fair and reasonable way while considering many different factors, such as the length of the marriage, each spouse’s current occupation, and each spouse’s earning ability.

How Long Do You Have to Be Married to Get Half of Everything in Massachusetts?

There is no guarantee that you will get half of everything in a divorce in Massachusetts, as the state is an equitable division state. While the length of the marriage will be a significant factor in deciding asset division, it won’t be the only thing considered by the court. Each spouse’s behavior during the marriage, as well as their employment status and their contributions to the estate, will also be considered.

What If I Change My Mind?

As long as the court has not signed the judgment of divorce, it has not become absolute, and you can end the process whenever you want. If you and your spouse decide to work things out and not divorce, you can have your lawyer dismiss the motion. If you change your mind again and decide on divorce, your first decision will not restrict your options.

Reach Out to a Divorce Lawyer Today

Dealing with a divorce can be one of the hardest and most unexpected heartbreaks of your life. You may not be prepared to handle the stress. This is why an experienced divorce lawyer can be such an asset to you and your case. It can be very beneficial to have someone on your side who can help you navigate through the Massachusetts divorce process and meet the necessary filing requirements.

The legal team at Farias Family Law, P.C. knows the most effective ways to help you and your case. We can help you establish grounds, build a custody agreement, and ensure you aren’t taken advantage of in the settlement process. Contact us today to schedule an assessment with a valued team member.