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Divorce and separation laws in Boston, governed by Massachusetts state law, allow for both 'fault' and 'no-fault' separations. Divorce can be contested or uncontested, and parties can either agree on all issues (uncontested) or disagree on some or all issues (contested). The courts co-operate to make the process as easy as possible, but individuals can often benefit from the assistance of a lawyer.
You might need a lawyer to navigate the complex legalities, procedures, and paperwork involved in divorce and separation. A lawyer can protect your interests in matters such as asset distribution, alimony, child custody, and parenting plans. The neutrality of an attorney can also help defuse emotionally-saturated disagreements and communicate on your behalf to reduce conflicts. For contested divorces, hiring a lawyer is especially crucial.
In Boston, the key aspects of divorce law fall under three main categories: property division, alimony, and child custody.
Massachusetts is an equitable distribution state; property is not necessarily divided 50/50 but in a manner that the court determines fair. Alimony, if awarded, is determined by factors such as the length of marriage, each party's income, and their lifestyle during marriage. Child custody looks to serve the best interests of the child. Joint custody can be awarded if it is in the best interest of the child; if not, sole custody may be granted.
It depends on whether the divorce is contested or uncontested. An uncontested divorce can take as little as a few months, while a contested divorce can take a year or more to finalize.
Yes, you can. Boston allows for e-filing of divorce papers. However, meeting with a lawyer before filing can give you a better understanding of the process and your rights.
The courts in Boston divide marital assets equitably, which means fairly, but not necessarily equally. Factors considered include the length of the marriage, the parties' conduct, their age, health, employment, contributions to the marital home, and more.
There are seven fault grounds for divorce, including cruelty, desertion, and adultery. But a 'no-fault' divorce can be filed on the base of an "Irretrievable Breakdown of the Marriage".
Child custody is determined by what the court believes is in the best interest of the child. Factors considered include the child's relationship with each parent, stability of each home, and more.
The Massachusetts Court System's website offers resources and information about procedures. The Massachusetts Bar Association offers lawyer referral services. Various non-profits might provide free or low-cost assistance, for example, Greater Boston Legal Services, and also workshops and support groups are available at the Divorce Center.
If you need legal assistance, consider hiring a family law attorney experienced in divorce and separation matters. They can help you understand the law, provide advice, and represent you in court. Remember to gather all relevant financial and personal documents, and be prepared to discuss the details of your situation with your attorney.
