If you’re reading this, you are likely thinking about, or have decided to get, a divorce. Very few things in life are as traumatic as ending a marriage. If children are involved, these feelings can be tenfold. When you add to it the stress of informing your friends, family, coworkers, fellow church peers, and others, it can make you hesitant to move forward with a divorce. While getting a divorce can be very difficult, staying in a broken marriage can be far worse.

Hoffman Law can get you through this successfully, while guiding you to avoid common pitfalls. Whether you’re seeking an immediate divorce, or seek guidance in contemplation of a divorce in the near future, call Hoffman Law today for your Free Conslutation!

 

Divorce Options in Massachusetts

Divorces in Massachusetts can be categorized in primarily two different ways. First, by the willingness of the parties. In other words, there “non-contested divorces” and then there are “contested divorces.” Second, they can be categorized by their basis. In other words, there are “fault-based divorces” and then there are “no-fault divorces.”

The easiest place to start, when preparing for a divorce, is to deal with the first category, first. In other words, to ask yourself whether your current spouse will agree to the divorce or not. Your current spouse may feel the same way you do, in which case your attorney will want to explore the possibility of filing for a non-contested divorce. For a divorce to be non-contested, however, more is required than simply a willingness to proceed with the divorce. For example, while both parties may want a divorce, if the parties cannot simultaneously agree on the issues of support, division of assets, and child custody, a non-contested divorce will likely not be possible.

Before we get more into the various categories or options of divorce, in Massachusetts, you’ll want to understand a little bit about the law itself, as it relates to divorce. The laws pertaining to divorce, in Massachusetts, are found in Massachusetts General Laws Chapter 208 (“M.G.L. c. 208).

The specific law pertaining to a non-contested divorce is found at M.G.L. c. 208 s. 1A. Thus, a non-contested divorce, in Massachusetts, is commonly referred to as a Section 1A divorce. If both parties can agree on all of the pertinent issues, they may proceed with a non-contested, Section 1A, divorce. To do this, your attorney will prepare a joint petition for divorce, rather than a complaint. Both parties will sign the petition, and will come an agreement on the separation of their assets in a separation agreement, which will be submitted along with the petition.

A Non-contested, Section 1A, divorce has one basis, which brings us to the second categorization – fault v. no-fault divorces. A non-contested divorce is always a no-fault divorce. The technical basis for the divorce in a non-contested divorce is “the irretrievable breakdown of the marriage.” In other words, what the parties are saying to the court, in a non-contested divorce, is that both parties believe that the marriage has broken down to a point that it simply cannot be saved. Neither party is pointing the finger at the other for this happening (at least not in court), but both are simply acknowledging that it has happened and that nothing can now be done to change it.

Every other divorce that is not a Section 1A divorce, is a contested divorce. Again, this doesn’t necessiarily mean that both parties don’t want the divorce; they very well may. However, if they can’t agree on those issues of support, division of assets, and child custody, the divorce will be a contested divorce, filed under a section other than 1A. The most common of these is a Section 1B divorce.

A Section 1B divorce, while contested, is also a no-fault divorce. The basis for a Section 1B divorce is the same as for a Section 1A, namely “the irretrievable breakdown of the marriage.” A divorce is considered “contested” if the parties will require the intervention of the court at some point during the process, to iron out various issues. A Section 1B divorce is often used, when the filer wishes to file for a no-fault divorce, but the other spouse either does not wish to get a divorce or refused to cooperate with a Section 1B divorce.

Finally, there are fault-based divorces, covered under M.G.L. c. 208 s. 1. Thus, this type of divorce is referred to, in Massachusetts, as a Section 1 divorce. The specific “fault” grounds listed in the statute are adultery, impotency, cruel and abusive treatment, utter desertion, incarceration, intoxication, and non-support.

This brief introduction to divorce law is meant only to give you a basic understanding of your options. Of course, there are many, many additional factors that come into play in determining which type of divorce a particular person should actually file. This actual determination should only be made by competent counsel, after extensive discussion with a client. Still, your actual options will not change. You will either file a non-contested, Section 1A, no-fault divorce, a contested, Section 1B, no-fault divorce, or a contested, Section 1, fault-based divorce.

We hope this article has provided you a starting place, for understanding your options for divorce in Massachusetts. We understand that it is complicated and can be confusing. If you are seriously contemplating divorce, and have further questions, please contact us today. We will be happy to answer your questions, and to help unravel some of complexity and mystery involved in Massachusetts divorce law. Call or email us today!

 

Quick Chart of Massachusetts’ Divorce Options

 

Section 1 Divorce (M.G.L. c. 208 s. 1)

A contested, fault-based, divorce, based on one of the following grounds:

** Adultery
** Impotency
** Cruel & Abusive Treatment
** Utter Desertion
** Incarcertation
** Intoxication
** Non-support

 

Section 1A Divorce (M.G.L. c. 208 s. 1A)

A non-contested, no-fault, divorce, based on only one ground:

** The Irretrievable Breakdown of the Marriage
** Filed by filing a Joint Petition by Both Parties

 

Section 1B Divorce (M.G.L. c. 208 s. 1B)

A contested, no-fault, divorce, based on only one ground:

** The Irretrievable Breakdown of the Marriage
** Filed by Filing a Complaint & Serving other Party

 

FAQ’s About Getting a Divorce in Massachusetts

 

Does it matter when I get divorced?

By the time most people seek an attorney, for a divorce, they’re ready to get out as soon as possible. In their minds, all of the decision-making has already occurred. That is to say, the question that they’ve spent time considering, possibly for months or even years, is “should I get a divorce?” Once that bridge has been crossed, and they’ve decided “yes, I should get a divorce,” they consider the matter resolved, and seek an attorney to file as soon as possible.

However, once you’ve decided that you “should” get a divorce, you should next consider “when.” Timing can make a big difference, in terms of what you receive (or give up), in the divorce. You may still opt to have your attorney file right away, but – at the very least – it is important to understand the effect that filing at different times will have on the final outcome.

For this reason, anyone considering divorce should consult with an attorney, so that your final decision as to timing is an educated & informed one.

 

I don’t want to fight; shouldn’t I just let my spouse have whatever he/she wants?

People take this position for different reasons. Some just want out of the marriage as soon as possible, and will agree to anything to keep things moving. Others may feel they are taking “the high road.” Still others may take this position out of fear. Whatever the reason, this thinking causes some to proceed with the divorce, without protecting their rights. Many in this category fail to hire an attorney.

There are many reasons that this thinking can be a mistake, but here are the primary ones. First of all, if properly represented, you do not have to fight. Your attorney will do this for you. Second, many who take this route, later regret it, particularly when the realities of supporting themselves on a one-person income settles in. If children are involved, having one’s fair share of the marital assets is particularly important, if custody is desired.

Here’s the important point. Some marital issues can be revisted later, after the divorce. Child support, for example, can always be increased or decreased, by court order, after the divorce. However, other issues cannot be revisited later. The spouse who later wishes he or she had demanded his/her fair share of the marital assets, and later regrets not doing it, will find it is too late.

 

What if my spouse doesn’t live in MA? Can I still file for divorce here in MA?

Yes, in some circumstances, it is still possible to petition for a divorce here in MA, although your spouse does not live in the state. In fact, in some situations, it is possible to file for a divorce, even though your spouse has NEVER lived in the state.

We can help you determine if your specific circumstances meet the necessary requirements.

 

Is a divorce the only way to end my marriage?

No, but it is the most probable. The majority of couples end their marriage through divorce, otherwise known as a dissolution of the marriage. However, at times, divorce is not the proper legal mechanism to use, to end a marriage. In some situations, an annulment is more fitting. When a person qualifies for an annulment, it is likely the desirable method to use, but this decision can be a complex one. You should discuss these options with competent counsel.