Overview of Divorce in Massachusetts

If you live in the state of Massachusetts and you feel as though there is no way you can save your marriage, then you will need to know how to file for divorce in Massachusetts. Everyone knows that divorce is not an easy thing, and coping with it can be hard to do. The truth is that divorce is never as easy as people say it is and there are some legal matters that have to be taken care of before you are granted a divorce.

Grounds for Divorce in Massachusetts

In the court in Massachusetts, the Petition for Divorce and The Complaint for Divorce are the two initial documents that are filed. You should be aware of the fact that there are many different reasons as why a divorce would be granted in the state. This includes the no-faults based grounds and fault-based grounds methods of divorce.

No-Fault and Fault based Grounds

When it comes to the no-fault based grounds, divorce is only granted if the marriage is irreconcilable. When it comes to no-fault grounds, you have the following reasons why divorce may be granted: adultery, drug addiction, cruel treatment, abusive treatment, habitual drunkenness, and impotency. If any of this has occurred in your marriage, you will find that you may be eligible for divorce in Massachusetts.

Requirements to File a Divorce in Massachusetts

If you are filing your complaint for a divorce in Massachusetts, then you should check to see if the Probate and Family court has a jurisdiction in your case. When it comes to filing for a divorce in the state of Massachusetts you will need to meet the residency requirements. Meeting the requirements for residency is generally only a concern for the spouse who has moved or is planning to move in the near future. In order to file for divorce, at least one of the spouses must be a resident in the state of Massachusetts.

At least one person must have been a resident in the state for at least one year. The actions of divorce shall be filed, determined, and heard in the probate court in the county where one of the spouses lives. If neither of the parties lives in the county, then you will need to file where you last lived. If there is hardship, of even inconvenience for either party, you may be glad to know the court may be able to move the hearing to the county court where the part currently resides. As you see, getting a divorce granted to you in the state of Massachusetts is pretty easy to do, but you should know that there are steps you will have to follow in order to get that divorce granted.

For more information about your specific situation, consult with an attorney near you.