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Massachusetts Divorce Law

Divorce Laws in Massachusetts

According to Massachusetts divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of an irretrievable breakdown of the marriage. Fault grounds can include, but is not limited to, adultery, desertion and cruel and abusive treatment. Additionally, there is typically a one-year residency requirement prior to having the right to sue for divorce in Massachusetts.

Alimony & Equitable Distribution in Massachusetts

Massachusetts is known as an equitable distribution state. According to the divorce laws in Massachusetts this means that the marital property must be divided fairly or equitably, but not necessarily equally, between the parties regardless of title held.

Alimony can be defined as court ordered spousal support under Massachusetts divorce laws. Such relevant economic factors as the length of the marriage, the current income and needs of the spouses, etc. are considered in determining the amount that should be paid.

Massachusetts Child Support and Child Custody

According to Massachusetts divorce law, when it comes to awarding child custody, the parents may submit a shared custody implementation plan. Under this idea, the court reserves the right to accept or deny the plan. The judge will also take into account the preferences of a pre-teen and teenager, although the adults will make the final decision. The non-custodial parent will usually be awarded visitation right to see the child.

Child support (a percentage of the non-custodial parents income paid to assist with the support of his children) is determined by the “child support guidelines” as set forth by divorce law in Massachusetts. Expect to pay child support though the age of emancipation at 18 years old, or until the age of 23 for educational needs.

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