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Laws & Courts:
Massachusetts Law - state statutes, Title III, Chapters 207 to 210. Massachusetts Court System - includes a FAQ sheet, downloadable documents and forms, searchable opinions and information on the branches of Massachusetts courts. Supreme Judicial Court Slip Opinions - online record maintained by the Social Law Library of Boston.
Massachusetts Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Online Service Center for Child Support Enforcement - answers to frequently asked questions, guidelines, worksheets, and a soon to arrive online calculator (from the MA Department of Revenue).
Additional Resources:
The Fatherhood Coalition (CPF) - advocates for the institution of fatherhood. The CPF promotes shared parenting and an end the discrimination and persecution faced by divorced and unwed fathers.
Numerous chapters are located throughout the state. Massachusetts Bar Association - information on family law, court news, and legal links are among the items you'll find at the MBA site. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. For Massachusetts chapters, contact Steve Carrier at 503-347-5960. Men's Resource Center of Western Massachusetts - located at
236 N. Pleasant Street, Amherst, MA 01002, this organization's mission is to support men and to develop men's leadership in
challenging all forms of oppression in our lives, our families and our
communities.
mrc@valinet.com Concerned Fathers of Massachusetts, Inc. - contact George Kelly at 413-736-7432. Fathers and Families is a Massachusetts based non-profit organization advocating for the right of every child to have two parents.
Legal overview Divorce in Massachusetts requires that you and your spouse live in the state in order to obtain a divorce, otherwise you need to have lived there for one year. There are four grounds upon which to obtain a divorce in Massachusetts including a divorce based on irretrievable breakdown of the marriage and cruel and abusive treatment. Read our detailed legal summary of Massachusetts including grounds, residency, child custody, child support, alimony, property, premarital agreements, settlement agreements, and legal separation.
Residency
Massachusetts courts have jurisdiction to hear divorce actions in which the parties lived together as husband and wife in Massachusetts, the cause of action for divorce occurred in Massachusetts, or the parties lived together as husband and wife in Massachusetts and the cause of action occurred while at least one of the spouses was living in Massachusetts. Otherwise, the Massachusetts Probate and Family Courts can hear a divorce matter if the moving party has lived in Massachusetts for one year preceding the commencement of the divorce action (if the cause of action occurred outside the Commonwealth.) There are no residence requirements for the filing of a Separate Support Complaint provided you are living in Massachusetts at the time the complaint is filed.
Grounds Irretrievable breakdown of the marriage: This is the "no-fault" concept. The benefits resulting from the use of this ground for divorce is essentially that neither the husband nor the wife is required to allege fault or blame the other spouse for the breakdown of the marriage. The Court also does not require either spouse to give testimony to prove the other spouse at fault for the breakdown of the marriage. In cases where "irretrievable breakdown" is used as the grounds for divorce, the court may refer the spouses and children for marriage and family counseling.
Cruel and abusive treatment: The granting of a divorce on this ground does not require proof of physical violence by one spouse upon the other. This ground is broad enough to include mere words, if they create a reasonable fear of personal violence, or tend to wound the feelings to such a degree as to affect the health of the party or create a reasonable apprehension that it may be affected.
Non Support: This ground of divorce requires that you show that your spouse, although able to support the family, did grossly, wantonly and cruelly refuse and neglect to provide suitable support for you.
A divorce may also be sought on the grounds of utter desertion for at least one year; adultery; impotency; gross and confirmed habits of intoxication, by liquor or drugs, and prison sentence for five years or more. The above grounds need not be proven at the time of the initial granting of temporary orders but must be proven at the time of the trial for the granting of the divorce.
If the Court sees fit to grant a judgment of divorce after the trial, the marriage will legally end 90 days from that date. If the parties have filed a join petition for divorce, the divorce will be final four months from the date of the final hearing. After this period is over, the parties are free to remarry and otherwise act as single persons.
Property
State statutes now provide for the "equitable" distribution of the marital property of the marriage at the time of the final divorce between the parties. "Marital Property" is defined as all jointly owned property and all other property, other than separate property, acquired by either or both of the parties during the marriage and up to the time of the final separation of the parties. "Separate Property" is property owned by one party at the time of the marriage or inherited property or gifts to one party from a third person and maintained as separate property. Where "Marital Property" and "Separate Property" are mixed together or where "Separate Property" is increased through the active efforts of either party during the marriage, then such property may be classified as "Part Marital" and "Part Separate" property.
In making its equitable distribution awards the courts are not only authorized to make monetary awards to one of the parties, but may also divide or order sold or transfer jointly owned marital property to one of the parties. The court in making its equitable distribution awards is not required to divide the marital property on an equal basis but rather, in deciding what an equitable division of marital property should be, will consider various factors listed in the Equitable Distribution Statute, including the relative monetary and non-monetary contributions of each of the parties to the well being of the family and to the acquisition and care of the marital property. Pensions and retirement plans are subject to the Equitable Distribution Statute to the extent that the same were accumulated during the course of the marriage of the parties.
Alimony
Due to increasing changes in the law and in society, including changes in sexual equality, this area of the law of divorce is in the process of great change. Under recent changes in the law, the fault of a spouse in causing a divorce may not be a complete bar to obtaining spousal support, but the cause of separation will be a factor that the court will consider in determining whether or not to award spousal support. Spousal support, when awarded, may be periodic and/or in a lump sum, the amount of which depends upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage. Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse.
Child Custody
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
Premarital Agreements
Massachusetts's law allows for premarital agreements that deal with any real or personal property. A description of what will happen to the property must be attached and if it deals with any real estate it must be recorded in the registry of deeds within 90 days of the marriage.
Legal Separation
If parties are seeking to only separate and not to divorce there are three independent grounds upon which separation can be sought, if a spouse fails to provide support, under a situation of desertion, and if one spouse gives the other justifiable cause to live apart. If the grounds for separation occurred in Massachusetts, the spouse filing must have been a resident for 1 year.
