Massachusetts Family Law Resources

The divorce process in Massachusetts can be intimidating and stressful, but arming yourself with knowledge is among the best defenses for the road ahead. At Cordell & Cordell, our comprehensive family law services in Massachusetts advocate for men and fathers facing the complex world of family law. Take a look at our convenient resources to get a better understanding of Massachusetts family law.

• Divorce in Massachusetts – FAQs
• Massachusetts Child Support Guidelines
• Massachusetts Child Custody Laws

Massachusetts Divorce Process

The divorce process in Massachusetts begins with a petition for divorce. A fault-based divorce typically has this petition submitted by one spouse, while an uncontested divorce is typically initiated through a joint petition. In an uncontested divorce that already involves an agreement on how assets, child custody, and other family law matters are settled, it’s simply a matter of waiting for court approval. Contested divorces are a bit more complicated and typically follow these steps:

1. Filing a complaint
2. Answers to the complaint, motions, and appearances
3. Discovery
4. Pretrial conference
5. Trial

Massachusetts Residency Requirements

You may file for a divorce in Massachusetts if you have lived in the state for one year at the time of filing. This requirement can be waived if you are living in Massachusetts during the time of filing, and a fault-based divorce involves the fault taking place in Massachusetts. The exception does not apply if you moved to the state solely to obtain a divorce.

Related Article: What is the Residency Requirement For Filing For Divorce?

Grounds for Divorce in Massachusetts

Grounds for divorce in Massachusetts include:

• Adultery
• Impotency
• Utter desertion for one year 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
• An irretrievable breakdown of the marriage

Related Article: The No-Fault/Fault-Based Divorce Debate

Massachusetts Property Division Process

Massachusetts takes an equitable approach to marital property division. This means that property will be distributed based on overall need and fairness, which does not necessarily mean a 50/50 split. If you would rather not leave it up to the court, you and your spouse can come to a distribution agreement yourselves, but it is still subject to court approval.

When dividing property, the court considers:

• The length of the marriage
• The conduct of the parties during the marriage
• Age
• Health
• Station in life
• Occupation
• Amount and sources of income
• Vocational skills
• Employability
• Estate
• Liabilities
• The needs of each of the parties and the opportunity of each for future acquisition of capital assets and income

In dividing the property, the court shall also consider the present and future needs of the married couple’s dependent children. The court may also consider each party’s contribution to the acquisition, preservation, or appreciation of the value of their respective estates and the contribution of each party as a homemaker to the family unit.

Related Article: 10 Quick Property Division Tips

Massachusetts Child Custody Laws

In making an order of child custody, the rights of the parents shall be held to be equal, and the happiness and welfare of the children shall determine their custody.

All decisions surrounding child custody are ultimately based on the best interests of the child. The court will consider several factors to determine exactly what that is.

• Where the child will live
• The willingness of each parent to be a parent
• How much emotional support the child will receive from each parent
• Which parent has been acting as the child’s primary caretaker
• Any history of abuse or domestic violence

When considering the happiness and welfare of the child, the court shall consider whether the child’s present or past living conditions adversely affect his physical, mental, moral, or emotional health.

Massachusetts Child Support

The court applies the state child support guidelines in determining the amount of appropriate child support, which is based on the child’s best interests, each parents’ income, living arrangements, and more relevant factors. To get a better idea of how much child support you might be paying or receiving, use the Massachusetts Child Support Calculator. Of course, consulting a lawyer is also important to help determine your child support potential.

Massachusetts Spousal Support (Alimony)

Massachusetts courts may make a judgment for either of the parties to pay spousal support to the other. In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other, including, but not limited to, all vested and nonvested benefits, rights, and funds accrued during the marriage, including retirement benefits, pension, profit-sharing, annuity, deferred compensation, and insurance.

In determining the amount of alimony, if any, to be paid, the court shall consider:

• The length of the marriage
• The age of the parties
• The parties’ health
• Both parties’ income, employment, and employability, including whether they could be employable with reasonable effort and more training, if necessary
• Both parties’ economic and non-economic contribution to the marriage
• The parties’ way of life during the marriage
• Each person’s ability to continue the way of life they had during the marriage
• Lost economic opportunity because of the marriage
• Other factors the court thinks are relevant

The amount of alimony that must be paid will not exceed the recipient’s need or a 30% to 35% difference between the recipient’s and payer’s income at the time of the alimony order. The Massachusetts alimony statute does not yet correspond with revised federal tax laws regarding the deductibility of alimony. As a result of the federal 2012 tax reform laws which removed the deductibility of alimony for the payor and the taxable nature of alimony for the recipient, it is common for this percentage to be between 21% and 28% of the difference between the recipient’s and payor’s income.

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

Cordell & Cordell offers extensive experience in family law operating within Massachusetts that can be put to work for your case. Our professionals primarily represent men to give them a fair chance in a court system that may be biased against them. Take a look at what some of our previous clients had to say about our services.

Client Experience

“[My attorney] was extremely professional. He knew what he was doing and did the best he could with what he was working with.” — Benjamin H.

“I felt like [my attorney] was always vested in me and my situation with my daughter. I really appreciate that.” — Robert T.

Fighting For Your Fair Treatment in Family Court

Cordell & Cordell is a law firm with lawyers across many states dedicated to helping men with a wide range of family law issues. Our experienced attorneys in Massachusetts know the state’s laws and will work to protect you and your family. Get in touch with our team today at 866-DADS-LAW or by filling out our online contact form to schedule an initial consultation.