Massachusetts Divorce online - Divorce forms - Divorce papers - No-fault divorce form - Do it yourself divorce - Uncontected divorce - Divorce law |
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Massachusetts Uncontested Divorce Online |
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Before you start completing your uncontested divorce forms with us, please read all the requirements for Massachusetts divorce.
Make sure that your situation matches all the requirements.
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Requirements for Massachusetts Divorce (MA General Law, Chapter 208 – Domestic Relations) |
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RESIDENCY REQUIREMENTS: If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce (MA General Laws, Chapter 208, Section 5)GROUNDS FOR DIVORCE: MA law allows for a no fault divorce based on irreparable breakdown of the marriage.A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage. (MA General Laws, Chapter 208, Section 1) Uncontested divorce based on irretrievable breakdown of the marriage: An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required. (MA General Laws, Chapter 208, Section 1A) If the court finds that the marriage is irretrievably broken, the court shall approve the separation agreement and enter a judgment of divorce nisi. The agreement either shall be incorporated and merged into said judgment or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract. SEPARATION: You can certainly be separated in MA, but Massachusetts law does not recognize “legal separation” in a way other states do. You may file “complaint for separate support” that will allow you to break up with your spouse but remain married.WHERE TO FILE: An action for divorce shall be commenced in probate court by the filing of a complaint. Said complaint shall be accompanied by a statistical report, upon a form prepared by the commissioner of public health and made available through the office of the register of probate, to include the name, residence, date of birth and social security number of each of the parties, the name of the plaintiff, the number of times each of the parties had been married before, if any, the date of the marriage being dissolved, the number of children born of such marriage, if any, the name and date of birth of each such child, the number of minor children in the care and custody of the parties, if any, and such additional information as the commissioner of public health deems useful for statistical and research purposes. (MA General Laws, Chapter 208, Section 6B)CHILD CUSTODY & SUPPORT: Most of child custody cases are decided in Probate or Family Court.FORMER NAME: The court granting a divorce may allow a woman to resume her maiden name or that of a former husband (MA General Laws, Chapter 208, Section23)DIVISION OF PROPERTY As far as MA is an “equitable distribution” state all marital property must be distributed as the court sees fair. Upon an action for divorce by either spouse for a cause accruing after marriage, the real and personal property of the other spouse may be attached to secure suitable support and maintenance to the plaintiff and to such children as may be committed to his care and custody.
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