Many clients have questions about divorce in Massachusetts. Divorce is a major event in the life of any client, on par with the death of a loved one, and can be very stressful. My hope is that this article will provide clients facing divorce in Massachusetts some answers to questions that I am asked on a regular basis, providing some clarity and comfort, however small, during a difficult time.

Is Massachusetts a 50/50 State?

No. People asking the question, “is Massachusetts a 50/50 state in a divorce?” are wondering how are assets divided in Massachusetts. Probate and family court judges in Massachusetts divide assets using a concept known as equitable distribution. Essentially, Massachusetts law allows a judge deciding a divorce to move assets to one party of the other based upon guidelines inherent in law and on their own discretion as to what would provide the most equitable result. We have experience in predicting the most likely division of assets and can assist clients contemplating divorce in arriving at an understanding of how equitable division will work in their specific circumstances. Call our offices at 978-273-8337 for more information about equitable division in a Massachusetts divorce.

Can Equitable Division of Assets be Avoided in a Massachusetts Divorce?

Possibly. If one party to a divorce can get the other party to agree to a separation agreement that is reasonable, it may be possible to arrange assets independently. Remember though that the judge must still review a separation agreement and provide his or her blessing. We will develop a reasonable separation agreement that is likely to be accepted by a Massachusetts Probate and Family Court judge for you.

Do You Have to be Separated One Year to Get a Divorce in Massachusetts?

There is no separation requirement in Massachusetts divorces. Couples can even live together during the divorce process, although this can be a problem for couples where enmity between them is severe. There is, however, a one-year requirement that applies to jurisdiction that the Massachusetts Probate and Family Court will have over a divorce case. The one-year requirement in a Massachusetts divorce, in general, refers to the need for a party to be a Massachusetts resident for one continuous year prior to filing for divorce. Contact our offices at 978-273-8337 to learn more about residency requirements for divorce in Massachusetts.

Massachusetts Divorce Forms

There are numerous forms that must be completed when filing a divorce in Massachusetts. Child support guideline worksheets, financial statements (long or short form) and other forms must be filed at the outset of most divorce cases and at specific points along the life of the case. In addition to the filing of these required forms in a Massachusetts divorce, petitioners are required to provide marriage certificates and other documents directly to the court when filing.

Covid and Divorce in Massachusetts

Covid, or any other state emergency for that matter, has had the effect on the divorce process in Massachusetts’ courts that you would expect, that is, the Covid-19 pandemic has lengthened the timeline for getting a divorce in Massachusetts. While zoom hearings are a workaround that the courts are using to deal with the pandemic, the fact is that a Massachusetts divorce still takes longer as a result.

Who Gets the House in a Massachusetts Divorce?

While there are no set guarantees or templates used by judges in a divorce, particularly in a Massachusetts divorce where judges divide assets along equitable lines rather than simply a 50/50 split, generally speaking it is the spouse with custody of children that will end up with the home. The court applies a best interest standard of the children when considering asset division. If children are involved in a marriage in Massachusetts, the court will likely award the use of an existing marital home for the purpose of one spouse raising those children.

How Long Does a Divorce Take in Massachusetts?

While there is no cookie-cutter answer as to how long a divorce may take in Massachusetts, generally the answer to this question falls into two categories:

1. Uncontested divorces generally take six months in Massachusetts.
2. Contested divorces generally take one year to one and a half years in Massachusetts.

What to Do During a Separation

While physically separating is not required in Massachusetts for couple’s seeking divorce, when a separation does occur, and the basis for the separation is a divorce…there are some important points to consider:

1. Agree to the separation – that is, make sure that the separation is something that you have both decided is best, or at least, that you both agree will occur.
2. Stay Out of Relationships – if at all possible, avoid entering into another relationship immediately following the separation. If the separation ultimately results in a divorce, having another romantic partner can have a negative impact on your case.
3. Don’t Sign on the Bottom Line without Consultation – a separation agreement should be reviewed by an attorney with experience who can inform you as to the reasonableness of the separation agreement. Be careful not to sign any document prior during separation without review from a competent legal professional.
4. Be Fair with your Spouse – Family court judges in Massachusetts have to spend all day, each day, dealing with parties to a divorce or other legal issue that fan the flames or exaggerate circumstances. When circumstances are bad, there is no need to exaggerate them, they speak for themselves. So, be fair with your spouse. For example, allow them to see their children (presuming they are safe to do so). By being fair and reasonable when possible you are best positioned to demonstrate to the judge (who is also trying to be fair and reasonable) that you are the adult in the room.

There are many questions that clients will have when considering filing for divorce in Massachusetts. Contact our offices at 978-273-8337 for assistance in developing a strategy prior to filing for divorce, or simply to ask any question that you may have regarding a potential divorce in Massachusetts.

DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site