Massachusetts Divorce - Laws and Resources
The following information is a resource on divorce law in the State of Massachusetts. You will find and overview of the relevant divorce laws, as well as be able to locate divorce lawyers and and other professionals, separation and divorce forms, child support calculators and guidelines, and support groups. In addition to the resources listed below, you can find more help and information in our divorce article section.
DIVORCE LAWYERS AND FIRMS
Law Offices of Laura J. Cervizzi, P.C.350 Park Street Suite 201
North Reading, MA 01864
Phone: 978-276-0777
Gabrielle Clemens, JD, LLM
One Post Office Square
Boston, MA 02109
Phone: 617-439-8527
Mavrides Law
160 State Street
Boston, MA 02109
Counties served: Norfolk, Plymouth, Suffolk, Middlesex, Bristol, Barnstable, Worcester, Essex
Phone: 617 472-1998
Fax: 617 472-1099
Website: www.mavrideslaw.com
E-mail:
For more than 25 years, Mavrides Law has helped people in the Boston area resolve family law problems. The firm's success is built on its knowledge of the law, the close relationships it establishes with clients and its ability to develop comprehensive legal solutions to difficult problems. Its goal in every case is to achieve a fair resolution that provides clarity and predictability for clients long after the legal matter has concluded.
A local divorce attorney can help you understand your local divorce, custody, and child support laws and how they will affect your case.
Fill out the form below or call (888) 632-0559 to arrange a divorce case evaluation.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Massachusetts. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Massachusetts divorce today.
QDRO PREPARATION
QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
MEDIATORS
Mediation Works IncorporatedFour Faneuil Hall - Fourth Floor
Boston, MA 02109-1632
Phone: 800-348-4888
Mediation is for couples seeking to define the terms of their divorce in less time, with less cost, and often with less hostility and fewer lasting negative effects. Mediation Works Incorporated is a non-profit organization offering a sliding fee scale to help make divorce mediation affordable for all Massachusetts residents.
CERTIFIED DIVORCE FINANCIAL ANALYSTS
New England Divorce Solutions
Timothy M. McNamara & Tracey Marie Manzi
75 Arlington St, 5th floor
Boston, MA 02116
Area served: All counties within MA, RI, NH and VT
Phone: (617) 671-0860
Timothy McNamara specializes in divorce finance. For the
past 15 years, he has helped individuals and couples going through a
transition navigate through complex financial issues. As a
Certified Divorce Financial Analyst, Timothy works closely with
attorneys, mediators and other professionals in all stages of the
divorce process.
He provides comprehensive analysis of the couple's assets, net worth
and can help either party determine the financial impact of any
proposed divorce settlement. Timothy, along with his partner
Tracey, can also assist individuals post divorce. Their firm
specializes in investment management, asset protection and other
integrated financial planning services.
Gabrielle Clemens, JD, LLM, CDFA
One Post Office Square
Boston, MA 02109
Phone: 617-439-8527
Divorce Financial Planning Services
New England Divorce Solutions LLC
Boston, Massachusetts
New Englands only exclusive matrimonial finance practice. We specialize in guiding divorcing individuals through financial issues so they can arrive at an equitable settlement. New England Divorce Solutions provide clarity on complex financial issues that arise before, during, and after a divorce.
DIVORCE AND PARENTING SERVICES
Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:
Online parenting education to keep children out of the middle of divorce.
Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:
We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.
BACKGROUND CHECKS
DIVORCE SUPPORT GROUPS
New Millennium Divorce Support GroupFor the Separated, Divorced
Meets Every Sunday from 7:00 to 9:00pm
St. Michael's School
15 Sixth Street, near Sixth and Bridge Streets.
Lowell, MA. 01851
Phone: (978) 957-2063
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
Coalition Against Sexual Assault and Domestic Violence for Massachusetts
DIVORCE LAW
Online Divorce LawsCopyright Notice: The following synopsis of divorce laws for the State of Massachusetts is an interpretation by WomansDivorce.com of the General Laws of Massachusetts Chapters 208 and 209. Unauthorized reproduction of this material is prohibited and violation of this notice will result in immediate legal action.
What are the residency requirements for divorce?
A divorce may not be granted unless:
- The spouses live together in this commonwealth and the grounds for divorce took place in this state.
- Both spouses have previously lived together in the state and one of them resided in this commonwealth when the reason for divorce occurred.
- The plaintiff has lived in the state for one year prior to filing and the cause occurred outside of the state.
- The reasons for divorce occurred within the state and the plaintiff is living in the state at the time the divorce is filed. [Chapter 208-4 and 208-5]
Where do you file for divorce in Massachusetts?
The divorce petition is filed in the probate court of the county where one of the spouses lives. In cases of hardship or inconvenience, jurisdiction may be transferred to the court in the county where the inconvenienced party resides. [Chapter 208-6]
What are the grounds for divorce?
A divorce may be granted for the following reasons:
- adultery
- impotency
- continued abandonment for one year prior to the filing for divorce. A temporary return of the defendant with the intent to nullify these grounds for divorce will be disregarded.
- confirmed and excessive use of alcohol or drugs
- harsh and abusive conduct
- maliciously or cruelly refusing to provide appropriate support and maintenance for the other spouse.
- irretrievable breakdown of the marriage
A divorce may also be granted if either spouse has been sentenced for life or for five or more years in a federal prison or reformatory institution in this or any other state. [Chapter 208-1 and 208-2]
Can I get a legal separation in Massachusetts?
Massachusetts doesn't recognize legal separation as a judicial action. Instead, spouses may choose to live separately while still married. As far as protecting yourself while you are separated, you can write a separation agreement which details how everything will be handled both financially and concerning the children while you are living apart. To be valid, this separation agreement must be signed by both spouses and filed with the court.
The court may also may issues orders for temporary support relative to a separation of the parties, such as spousal maintenance, the support of any minor children, and provisions for health insurance. The court may also make orders concerning the care, custody, and maintenance of the minor children. [Chapter 208-17, 208-20, and 209-32]
How are assets and debts divided in Massachusetts?
In Massachusetts, assets and debts will be distributed in a fair and equitable fashion based on the circumstances of each party. Property that was owned prior to the marriage shall remain the separate property of that person.
The court will use the following factors to decide how assets will be divided if the parties can't reach a mutual agreement:
- How long the couple has been married
- Evidence of misconduct while married
- The age and relative health of each spouse
- The amount and sources of income for each spouse
- The occupation, vocational skills and ability of each spouse to earn a living
- The individual assets and debts of each party
- Each spouse's ability to attain assets and income in the future
- The present and future needs of the minor children
- The contribution of each spouse as a homemaker
- Each spouse's contribution to the attainment, maintenance, or increase in value of their individual estates
[Chapter 208-34, and 209-1]
Can I stay in the family home while the divorce is pending?
The court may order a spouse to vacate the marital home for no more than 90 days while an action for divorce or separate support is pending if it finds that the safety and welfare of the children or that one spouse would be endangered. This period may be extended upon further motion. [Chapter 208-34B]
Will I be able to get alimony?
The court may order either spouse to pay alimony to the other party. When establishing the amount of alimony to be paid, the court will consider how long the couple has been married, misconduct during the marriage, the age and relative health of each spouse, the amount and sources of income in addition to the occupation and ability of each spouse to earn a living. The court will also consider the spouse's contribution as a homemaker and in the attainment and increase in value of each spouse's respective estates. If alimony is awarded, the court may require property or assets be attached as security for its payment. [Chapter 208-34 and 208-12]
On a side note, Massachusetts has recently changed the duration for how long alimony may be ordered, thus putting a stop to lifetime alimony in most situations.
Can I revert to my maiden name?
The court will allow a woman to revert to her maiden name or that of a former husband when the divorce is granted. [Chapter 208-23]
Who will get custody of the children?
In Massachusetts, either parent (in the absence of misconduct) may be awarded custody of the children. The court will take into consideration the children's happiness and welfare when determining custody and whether or not the present or past living conditions have or will adversely affect the child's physical, mental, moral or emotional health. Other issues the court may take into consideration are whether any member of the family has alcohol or addiction problems or has abandoned the child, and whether the parents are able and willing to cooperate in matters concerning the child. Along these same lines, the court may also evaluate evidence of abuse towards the child or parent when determining custody and restricting visitation.
The parents may also decide on custody without having the court make this determination. Such custody arrangements will usually be granted unless the court finds that such an order is not in the best interests of the children. [Chapter 208-31]
How is child support determined in Massachusetts?
The court will apply the appropriate child support guidelines to determine the amount of child support to be paid based on the custody arrangements. These guidelines can be accessed at http://www.mass.gov/courts/childsupport/index.html.
Child support may be ordered for dependent children until the age of 21 who live at home with the parent and depend on the parent for maintenance. If the child is attending school, support may be extended until the age of 23 and is principally dependent due to enrollment in an educational program. If the obligated parent has health insurance coverage available through his or her employment, the court may order that parent to provide health insurance for the dependent child. When determining the amount of child support to be ordered, the court will take into consideration whether there are other children being supported by the obligated parent. [Chapter 208-28]
