Boston Couples get a divorce for various kinds of reasons. Some divorces result from serious issues such as infidelity, physical abuse, and alcohol or drug addiction. But most divorcing couples do not get into the specifics when they file for divorce in court. Indeed, they only cite irrevocable breakdown as their divorce grounds. In Massachusetts, grounds for divorce are categorized into fault and no-fault grounds. While hiring a divorce lawyer can help determine the right grounds for divorce, spouses may want to get a basic idea of what every option means. If you are still wondering about the kind of divorce to file, visit this website for some helpful information and guidance.
What is No-Fault Divorce?
In many marital situations, spouses can fall out of love and marriage can crumble while spouses grow and change. In such cases, Massachusetts lets spouses file for a no-fault divorce. A couple can file this type of divorce jointly to dissolve their marriage. But one of them can also file. In this kind of divorce, the spouse who files doesn’t have to prove the failure of the marriage resulted from the other’s actions or behaviors. Rather, they just have to demonstrate that their marriage is irretrievably broken, which means reconciliation is not a possibility.
What is a Fault Divorce?
Spouses who feel their significant others is to blame for the marriage breakdown may want to make their accusations part of their legal action. The Commonwealth recognizes different grounds for at-fault divorce including adultery, cruel or abusive treatment, impotence, alcohol or drug addiction, a partner’s imprisonment, or desertion.
Some spouses file at-fault divorce thinking this will earn them favor in terms of property division and child custody. But this may not be the case at all times.
The majority of divorces in the state are filed as no-fault. Even if a spouse was at fault, filing a no-fault divorce can reduce the burden of proof and ease the entire process for everyone involved. But it is imperative to take into account your options and discuss these with your lawyer before you make any decision.
The Divorce Process
Typically, the divorce process starts when you file a Complaint for Divorce in court. As the filing spouse, you will be the petitioner and must serve the divorce papers to your spouse or the respondent. Your spouse will have a certain timeframe to respond to your petition.
After filing the initial paperwork, you and your spouse may engage in different processes such as negotiation, collaborative divorce, or mediation to reach an amicable settlement agreement. If both parties cannot reach an agreement, your case may go to court where the final decisions will be made by a family law judge.
What to Expect from Your Divorce Lawyer?
Divorce can be challenging and emotionally draining for anyone. This is especially true if one spouse is to blame for the breakdown of marriage through illegal or wrongful actions. State law recognizes that every divorce is unique, and spouses who want to file have some options.
If you are planning to file for a divorce, a lawyer can walk you through all your options and draft and resolve your petition efficiently. They can protect your rights help you understand your rights and responsibilities, as well as negotiate for you.
Understanding Massachusetts’s divorce laws is important when going through a divorce. From divorce grounds to child custody, asset division, alimony, and child support, your knowledge of the legal framework will help you make smart decisions and navigate all the complexities of the divorce process. Consult with a skilled lawyer who can offer personalized guidance and support tailored to your unique situation.
