The following information has been provided to give people awareness of the major things to keep in mind when filing a divorce case in Massachusetts, USA.
According to Massachusetts law, if the grounds for divorce occurred in the State, one of the spouses must be the resident of the State for at least one year.
The grounds to file a divorce in the state of Massachusetts can be divided into two main categories, the no-fault reasons and the general reasons. Generally included reasons may be as follows:
Custody of children can be awarded to any of the parents or to a third party. In cases where the divorce is amicable, equal custodial rights are granted to both parents. The main factors that'll be considered by the court are the welfare and happiness of the child. In deciding these factors, the court will consider:
The courts may grant joint custody given that both parents agree, unless the court decides that it will not be in favor of the child.
The guidelines for Massachusetts property distribution are "equality". All of the couple's properties, including any gifts and inheritances will be divided by the state on the following factors:
Any of the spouses may be ordered to pay maintenance to the other. Major factors that decide this include the same factors as those mentioned for property distribution
Either parent may be ordered to pay maintenance and support, including health insurance and educational fee for any minor child. The guidelines are all mentioned in The Child Support Guidelines of the State. Any deviations from these guidelines will be under the following reasons:
If irreconcilable differences are the reason for divorce, the court may recommend that the spouses as well as children go for marriage and family counseling.
There is no need of a lawyer when applying for divorce in the state of Massachusetts. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Massachusetts, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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