
Best Divorce & Separation Lawyers in New Bedford
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United States Divorce & Separation Legal Questions answered by Lawyers
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About Divorce & Separation Law in New Bedford, United States
Divorce and separation in New Bedford, United States, like in most states, involves a legal process initiated when one or both partners decide to end their marital relationship. Issues related to property division, child custody, spousal support, and child support are addressed during this process. Divorce is absolute and final, whereas a legal separation may serve as a time for partners to decide whether divorce is the best course of action or not. The Massachusetts Courts handle divorce and separation cases in New Bedford.
Why You May Need a Lawyer
Legal assistance is often required in situations where divorce or separation is complicated by issues of property division, child custody, and support payments. A lawyer can provide clear explanations of your rights and responsibilities as per the Massachusetts marriage laws. If there's a disagreement between you and your spouse, or if there are complex legal matters to be settled, you might require the services of a lawyer. Additionally, a lawyer can represent you in court and ensure that your best interests are advocated for throughout the legal proceedings.
Local Laws Overview
Local laws in Massachusetts hold that either spouse can file for a divorce. Massachusetts is an equitable distribution state, meaning that marital property will be divided in a reasonable, but not necessarily equal, manner. Child custody is settled with the child's best interests in mind—either parent could obtain custody. Alimony is awarded based on factors like the length of the marriage, the age and health condition of the spouses, and the income and employment status of both parties.
Frequently Asked Questions
Do I need to be a resident of Massachusetts to file for divorce?
Yes, you or your spouse must have lived in Massachusetts for at least one year prior to filing for divorce, or you must have lived in the state together as a married couple and the reason for the divorce happened in Massachusetts.
How long does a divorce take in Massachusetts?
The length of the divorce process varies, but at a minimum, there is a required waiting period of 120 days from the time divorce papers are filed until the divorce can be finalized.
Can I date while separated?
Dating during the divorce or separation process may have implications on issues such as alimony or custody. Consulting with a legal professional is advisable.
How is property divided in a divorce?
Property is divided equitably or fairly and not necessarily equally. The court will consider a variety of factors such as the length of the marriage, contribution of each spouse etc.
What factors do courts consider when deciding child custody?
The child's best interests are paramount. Factors which may be considered include the child’s relationship with each parent, each parent’s ability to provide adequately for the child and the child’s established living pattern.
Additional Resources
See the official website of the Massachusetts Court System for definitive legal statutes, court forms for filing for divorce, and information resources on family court laws and procedures. Non-profit organizations such as the Massachusetts Legal Assistance Corporation offers legal aid for income-eligible residents. Family Services of Greater Boston also provides counseling and support for individuals and families going through divorce or separation.
Next Steps
If you are considering a divorce or separation and you believe you need legal help, start by reaching out to local family law attorneys to discuss your situation and understand your legal options. Then, collect all relevant documents, such as tax returns, mortgage documents, and bank statements. Finally, take care of yourself. Divorce and separation can be stressful processes you do not have to go through alone.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.