The state of Massachusetts has specific requirements for a divorce case to be approved by the family court. Before a judge grants a divorce filed by a spouse, several factors including residency in the state, reason for divorce, and eligibility for alimony are taken into consideration by the judge. In order to have a valid divorce case in Massachusetts, it is important to be prepared and understand what is required under Massachusetts laws about divorce.
Massachusetts Residency Requirement
The residency requirement for divorce in Massachusetts depends on if an event causing the divorce happened in the state or outside of the state. If the reason for the end of the marriage happened in Massachusetts, the couple is able to file for divorce in Massachusetts if you live in the state at the time of the divorce. If an event occurred outside of Massachusetts that is the reason for divorce, a couple can file for divorce only if you have lived in the state for at least one year immediately before the divorce, or at some point lived in Massachusetts as a married couple and one spouse lived in the state when the reason for divorce happened.
For example, if a married couple lived together in Massachusetts and one spouse left to another state and committed adultery causing the reason for divorce, the spouse is able to file for divorce in the state of Massachusetts.
Grounds For Divorce in Massachusetts
In Massachusetts, the grounds for divorce, or legal reasons to file a case, are either a no-fault divorce or a fault-based divorce. In a no-fault divorce, a spouse files for divorce without the argument that the other spouse is responsible for the end of the marriage. A judge in the Massachusetts family court may grant a no-fault divorce due to the reason of “an irretrievable breakdown of your marriage.” In these cases of divorce, a couple must either jointly petition and file for divorce and separation, or if both parties do not agree that the marriage is irretrievably broken, then one spouse must file to seek divorce.
On the other hand, in a fault-based divorce, a spouse files for divorce claiming that the other spouse was responsible for the end of the marriage. Legally accepted reasons in a fault-based divorce include:
- Adultery
- Impotency
- Desertion or abandonment without reason
- Habitual intoxication or abuse of drugs and alcohol
- Cruel and abusive treatment
- Refusal or neglect to support the other spouse
- Prison sentence for five years or more
The Massachusetts divorce attorneys at Wilkinson & Finkbeiner share that filing for divorce based on fault comes with several disadvantages. Having to prove fault can be very challenging, such as in cases of adultery, and could result in the court denying the petition for divorce if sufficient evidence is not presented. Additionally, proving fault-based divorce claims can end up taking more time and costing more money than no-fault divorce claims.
What Determines Alimony in Massachusetts?
Alimony, or also known as spousal support, is financial support that a person is ordered by the court to provide to their spouse during or after a divorce or separation. In order for a judge to award alimony in a Massachusetts divorce case, several factors are taken into consideration. When determining whether to award alimony and how much to award, family court judges look at factors such as:
- Length of marriage
- Age of the parties
- Health of both parties
- Income, employment, and ability to be employed
- Both parties’ economic and non-economic contribution to the marriage
- Lifestyle of both parties
- Both parties’ ability to continue supporting their lifestyle during the marriage
In Massachusetts, three types of alimony may be awarded by the family court.
- Transitional alimony: lasts up to three years and ends on a certain date established in the court order, or upon remarriage of the person receiving alimony, or upon death of either spouse
- Rehabilitative alimony: lasts up to five years with the ability to be extended under certain circumstances; ends when a specific event takes place, or upon remarriage of the person receiving alimony, or upon death of either spouse
- General term alimony: lasts for varying amounts of time and ends upon the remarriage of the person receiving alimony, or the death of either spouse; can be terminated if the person receiving alimony begins cohabiting with someone else for over three months