Family Law Advisor

Jurisdiction (which court handles divorces):

The Probate and Family Court.

Venue (place for filing):

The county where you last lived together. If neither of you live in that county, file in the county where either of you live.

Grounds for Divorce:

Most cases are filed under the “no-fault” statute based on an “irretrievable breakdown of the marriage” known as a “1-a” divorce.
Fault grounds include:

1. cruel and abusive treatment
2. adultery
3. utter desertion for one year
4. habitual intoxication
5. long-term confinement to prison
6. impotency

Courts generally give little weight to improper conduct.

Property division:

Equitable distribution which includes all property, no matter how or when acquired (including gifts and inheritances), or in whose name it is registered. Unlike community property, Massachusetts law covers all property, but there is no requir ement of an equal division. In making an equitable distribution, courts consider:

1. length of the marriage
2. parties’ conduct
3. ages
4. health
5. education
6. financial resources
7. standard of living
8. employability
9. homemaker contribution to the family
10. unmet needs of the children

Waiting periods:

• Uncontested fault divorce

  * assignable for hearing immediately
  * 4-8 week wait for hearing
  * 90-day waiting period after hearing before final divorce

• Contested fault divorce

  * assignable for hearing immediately
  * waiting period of 4-9 months for trial
  * 90-day waiting period after hearing before final divorce

• Uncontested no-fault divorce

  * assignable immediately for hearing
  * 4-8 week wait for hearing assignment
  * 120-day wait after trial for final divorce

• Contested no-fault divorce

  * mandatory 6-month waiting period before case may be assigned for trial
  * 4-9 month wait for trial
  * 90-day waiting period after trial before final divorce

Remarriage:

Prohibited until after the 90 or 120-day waiting period.

Separate support:

Same court orders are available as if filed as divorce, except no property division and no divorce judgment. Remarriage prohibited.

Common law marriage:

None

Legal separation:

None

Custody and visitation:

"Best interest of the children."