Divorce Residency Essentials to Get Divorce in Massachusetts
If the grounds for divorce occurred within the State of Massachusetts, there are no minimum residency requirements. However, if the grounds happened outside of the state, there is a one-year residency requirement before you can file for divorce in the state.
Reasons for Divorce in Massachusetts
The no-fault ground for a divorce in Massachusetts is “irretrievable breakdown of the marriage.” The state also allows at-fault grounds including, but not limited to, adultery, impotence, imprisonment of at least five years and willful desertion of one year. Filing under an at-fault grounds is usually a more complicated process. So for those looking for an easy, fast and inexpensive divorce, filing without fault is often a superior option.
Custody of the Children in Massachusetts
The state court of Massachusetts holds the rights of the parents at an equal level to the happiness and well-being of children. As such, all will be considered equally when determining custody arrangements. If there is no parental misconduct, the court will look at whether the child’s current or past living conditions would impact the child’s physical, mental, emotional or moral health and welfare then make a custody decision that will lead to the best outcome for the child.
Massachusetts Child Support Guidelines
The state-mandated child support guidelines of Massachusetts apply in virtually every online divorce and standard divorce case, barring extraordinary circumstances. Both parents’ gross incomes and child-related expenses are considered. Child support will continue until the child reaches age 18, but it may be extended until the child completes secondary school.
Venue for Filing
In the state of Massachusetts, the Family and Probate Court in the county where either of the spouses lives at the time they file for divorce can be used to hear the divorce case. If there are children involved in the case, filing in the county where they live may make it easier for the divorce forms to go through smoothly.
When divorce is pending, either the filing spouse or the defending spouse may request arbitration of any issues under dispute. Parties can choose to submit any or all of their problems for mediation before initiation of the divorce, allowing it to be processed as an uncontested divorce.
The state court filing fees are paid in addition to the cost to use OnlineDivorceSolutions.com. These filing costs vary from county to county. For up-to-date information about these fees, reach out to your local courthouse.