Divorce
The Ten Most Common Questions About Divorce in Massachusetts
1) Do I Have To Live In Massachusetts? Yes. In general at lease one spouse must have lived in Massachusetts for a minimum of one year. MGLc 208 Sections 4 & 5.
2) Where Do I File? You must file for divorce in the Probate & Family Court in the county where one of your lives, unless one of you still resides in the county where you last lived together. In that case, you will file in the county where you last lived together. MGLc 208 Section 6.
3) Do I Need Grounds For Divorce? Not necessarily. Massachusetts allows both no-fault and fault-based divorces. MGLc. 208 Sections 1, 1A, and 1B.
4) What Is A No-Fault Divorce? If your marriage has broken down irretrievably, then you can file for a no-fault divorce. MGLc. 208 Sections 1A and 1B.
5) What Is An Uncontested Divorce? In cases where the parties are filing under a no-fault provision and they agree on all of the necessary elements, they can file a joint (uncontested) petition. M.G.L.c. 208 Section 1A.
7) My Marriage Has Broken Down But My Spouse Doesn’t Want A Divorce. Can I Still File? Yes. Massachusetts provides for a no-fault contested divorce. MG.L.C. 208 Section 1B.
8) What Is A Contested Divorce? In a contested divorce, the parties are unable to agree on the necessary elements of a settlement. If, after at least six months, the parties are unable to resolve their issues they may have to make a presentation to the judge, who will issue the appropriate order. MG.L.C. 208 Section 1B.
9) What Is A Fault-Based Divorce? You may file a divorce “for cause” under one or more of the following circumstances:
- Impotence
- More than 5 years’ imprisonment
- Adultery
- Drug addiction and/or alcoholism
- Desertion without support for at least 1 year prior to filing for divorce
- Cruelty
- Non-support when the spouse has the ability to provide that support
10) Must I Pay Alimony? Maybe. Massachusetts awards spousal support in various amounts for various lengths of time depending on your circumstances.
Hi Freya,
My sister is already seeing a lawyer for a divorce and he has mentioned that alimony is only allowed for a maximum length of twelve years now. He has suggested that she may not even get it for that long. My sister has been a stay at home mom for 15+ years and I had thought she would be entitled to alimony for longer. She is very depressed over the loss of their eldest son three years ago and is trying to get help now that she has Mass medical but is not able to work yet.
I truly believe that she can’t heal until she gets away from his persistent mental abuse. I am praying that her divorce goes smoothly and she can find a safe and peaceful home where she can heal.
Can you confirm if this is the maximum she would be entitled to and what factors affect the length of the alimony eligibility.
Greetings Doreen,
I am so sorry that your sister has to face this challenge in addition to everything else. It appears that the attorney your sister consulted is referring to the pending legislation that is contained in House Bill 1785. If that bill becomes law then alimony payments would be limited to a maximum of twelve years. There is also a pending Senate bill (S.B. 1616) that would make less sweeping changes to the current law. The legislature did form a task force to consider the two different bills and the next meeting of that group was tentatively scheduled for May 17.
At this point, there is no set formula for the calculation of alimony. The result for your sister will ultimately depend on what the judge decides. For more information, you can check out my most recent post, it is in the Alimony section of the blog.
The current uncertainty in the calculation of alimony is why your sister should make sure that she works with an attorney who understands her unique situation and knows how to make the best presentation of those facts both in mediation and before a judge.