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Posts Tagged No fault divorce

Infidelity and Divorce in Massachusetts

Infidelity and Divorce in MassachusettsWe are often asked what impact infidelity will have on a divorce in Massachusetts. In reality, infidelity can impact a divorce in Massachusetts, but not as significantly as many spouses think. Massachusetts is a state that recognizes no-fault divorce, which is the most common ground for filing divorce. Since Massachusetts recognizes no-fault divorce, there are limited grounds in which a spouse can bring up the issue of infidelity.

 

The reality is that if spouses are at the point of divorce, it is not unlikely that one or both spouses have already moved on and entered the dating world again. The main areas where infidelity can impact a divorce is with property division and parenting time.

 

When it comes to property division in Massachusetts, there are a number of factors the Probate and Family Court must consider in dividing the marital estate. Those factors are outlined by Massachusetts General Laws chapter 208, section 34. These factors are:

 

the length of the marriage, the conduct of the parties during the marriage, the age of each of the … Read More »



The Benefits of Mediating or Arbitrating Your Family Law Case

The Benefits of Mediating or Arbitrating Your Family Law CaseIn Massachusetts, divorce and Family Law cases are handled by the Probate and Family Court. Under Massachusetts, law, proceedings in the Probate and Family Court are public and can be observed by anyone. Additionally, almost all cases in the Probate and Family Court are scheduled to be heard at 8:30 a.m. (which can be as many as 75-100 cases scheduled to be heard that day), and then the judge calls all cases in whatever order he/she deems fit. This means, if your case is heard first, there can be over 100 people in the courtroom to listen to the issues pending in your case.

Additionally, the Probate and Family Court is notoriously backlogged. Thus, it can take a few months before a motion on your case is heard, and a few years before your case goes to trial.

Given the very sensitive nature of divorce and Family Law proceedings, many spouses and parents do not want their family issues presented and argued in … Read More »



Grounds for Filing for Divorce in Massachusetts

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In Massachusetts there are several grounds upon which a spouse may file for divorce. There are two categories of grounds for divorce: 1) no-fault based grounds; and 2) fault-based grounds.

No Fault Based Grounds

In a no-fault based grounds for divorce, a spouse must just simply prove that the marriage is irretrievably broken as defined by M.G.L. c. 208 §1A or M.G.L. c. 208 §1B. Within these no-fault based grounds, there are two types of divorces for which a spouse can file.

If both parties agree to get divorced, they can jointly file for divorce through … Read More »



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