If you are considering divorce or are responding to a divorce complaint by your spouse, it’s crucial to take steps to protect your rights and interests. Though many couples hope for a peaceful end to their marriage, the reality is that divorce cases are often complex due to disputed property division, alimony, child support, and child custody. Even the most amicable divorce cases can encounter procedural delays and legal complications.
This is why having a lawyer is indispensable for divorcing spouses. If you’re in Middlesex County, Suffolk County or anywhere in Greater Boston enlist one of the divorce attorneys at Goldman Law, LLC. Our experienced lawyers have been named Clients’ Choice for Divorce because of our aggressive representation that gets results, combined with our sensitive treatment of our clients.
When you work with Goldman Law, we will:
- Defend your rights and entitlements, even in complicated marital situations
- Minimize the chances of your case getting dragged out for many months
- Fight for the best possible arrangements for your children or dependents
- Help you obtain a favorable resolution to the case.
Talk to Goldman Law, LLC in a confidential consultation. Call us today at (617) 668-1718.
Types of Divorce in Massachusetts
There are three possible categories of divorce in Massachusetts:
- 1A – No fault, uncontested divorce;
- 1B – No fault, contested divorce; or
- Fault divorce.
First, there are two general types of divorce to file: “no fault” and “fault.” In a no-fault divorce, there is no need to identify a fault on the part of either spouse – they simply have to show that their marriage is “irretrievably broken.”
Meanwhile, in a fault divorce, the person filing the divorce complaint has to cite at least one valid ground for divorcing their spouse (we’ll talk more about Massachusetts divorce grounds in a section below). Fault divorce is often more contentious because one spouse becomes the complainant and the other will have to defend himself or herself against the claims. Whether you are the complainant or the respondent, you’ll want a competent lawyer in this case.
Massachusetts further categorizes no-fault divorce into two types: 1A and 1B. In a 1A divorce, both spouses agree on all matters of the case such as asset division, alimony, child custody, and the like.
In a 1B divorce, though neither spouse is blaming the other, they have at least one contested issue between them. For instance, they may have a dispute on who gets child custody or how their assets are divided. Having a lawyer is crucial in a contested divorce, especially if the other party is determined to fight for their own interests.
To know which type of divorce is most appropriate in your situation, and to help you begin the process, contact Goldman Law, LLC.
Grounds for Divorce in Massachusetts
If you’re filing for a fault divorce in MA, you’ll need to prove any of these valid grounds showing that your spouse is at fault for the end of the marriage:
- Adultery
- Gross and confirmed habits of intoxication
- Non-support (refusing or neglecting to provide support)
- Cruel and abusive treatment
- Impotency (not the inability to conceive a child but the inability to copulate)
- Desertion/Abandonment (your spouse voluntarily left with no justification for at least one year before your filing)
- A prison sentence of 5 or more years.
Requirements to File for Divorce in Massachusetts
Massachusetts has residency requirements for those wanting to file for divorce:
- You must have lived in Massachusetts for at least one year before filing, OR
- The specific reason for your divorce (if any) occurred in Massachusetts while you and your spouse were living in the state as a couple.
The paperwork you need to file depends on which kind of divorce you’re seeking. For a 1A divorce, you and your spouse will file a “Joint Petition for Divorce – CJD-101A” together. For 1B, you’ll file a “Complaint for Divorce – CJD-101B.” And for fault divorce, the main document to file is “Complaint for Divorce – CJD-101.” Other documents will be needed, which your attorney can help you with.
Do I Need a Lawyer for a Massachusetts Divorce?
Having a lawyer isn’t a legal requirement for divorce in Massachusetts, but many spouses find that they need one anyway. This is because divorce often involves important stakes such as hard-earned assets, financial outlooks, and the welfare of children. With these on the line, divorce can quickly become argumentative, even among couples who are civil with each other. It’s not uncommon for soon-to-be ex-spouses to try to take advantage of the other during divorce negotiations.
You’ll want an experienced divorce lawyer to advise and represent you. At Goldman Law, LLC, our divorce attorneys are skilled at untangling complicated marital matters including:
- Division of property
- Alimony (spousal maintenance)
- Child custody
- Child support
- Visitation (parenting time)
- Pre-nuptial or post-nuptial agreements
- High-net worth divorce
- Military divorce
- LGBTQ divorce
- Protective orders
- Domestic violence allegations.
Goldman Law, LLC is tenacious when representing you, but sympathetic when communicating with you. We don’t want you to experience unnecessary anxieties, stress, and hassle during your divorce. When we take on your case, we’ll give you constant updates about its progress and clear answers to your questions. Our team will treat you like family while our attorneys work hard to advocate for your interests.
This is why Goldman Law is Clients’ Choice. Competent representation with a compassionate heart.
Contact Goldman Law – Top-rated Divorce Lawyers in Boston
Goldman Law, LLC is based in Newton, MA and serves Middlesex County, Suffolk County, and all of Greater Boston. Call us at (617) 668-1718.