Massachusetts Divorces

By definition, Divorce is the legal breakup of a marriage. Almost half of all U.S. marriages end in divorce. Like every major life change, divorce is stressful. It affects finances, living arrangements, household jobs, schedules and more. If the family includes children, they may be deeply affected.

Divorce is one of the most emotionally devastating experiences in life. According to a poll by the AARP, a divorce causes more distress than the loss of a job and is approximately equal in effect to a major illness. The only experiences that cause more emotional trauma are the death of a child and the death of a spouse.

Divorce is also a time when people are at their most vulnerable. Your money, your property, and your relationships with your children could depend on the decisions you make early in the divorce process.

Frequent Questions

1) How long will it take to get divorced?

The fastest divorce in Massachusetts takes 90 days. The longest takes at least nine months after you file papers. Most divorces take at least a year because of on-going negotiation or trial preparation.

2) Should I hire a private investigator to prove my spouse is having an affair?

Don't bother. You can get divorced simply by testifying that your marriage is irretrievably broken. You can also testify that you believe (without proof) that your spouse is involved with someone else because your spouse stays away from home several nights a week without explanation. Judges "get the picture.

3)Does an uncontested divorce require a court hearing?

Yes, there is a court hearing involved in an uncontested divorce.

4)Does Massachusetts recognize drug addiction as grounds for divorce?

Massachusetts recognizes the gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor or narcotics as grounds for divorce. ... The mere use of liquor or drugs by a married person is not of itself grounds for divorce. ... The statute requires that the use which leads to the habits of intoxication must be voluntary and excessive. The voluntary requirement has not presented any problem of statutory interpretation, but the question of what constitutes excessive use may be problematic in some instances. Even if the misuse of liquor and drugs is intermittent, as long as it is habitual and repeated on a fairly regular basis, the divorce can be allowed.

5) I've been married less than a year. Am I eligible for an annulment?

No. Courts rarely grant annulments and never based on the length of your marriage.

6) Who is eligible for an annulment?

A.The parties are too closely related by blood (consanguinity). For example, a brother and a sister. The parties are too closely related through marriage (affinity). For example, a father-in-law and daughter.

B.One person was married to someone else at the time they married the second person (bigamy). However, if the person now seeking an annulment knew at the time of the marriage about the prior marriage, they cannot seek an annulment.

C.One spouse lacked the mental capacity to marry. This includes cases where one spouse was not of legal age to be married and did not seek parental or judicial consent for the marriage. The legal age in Massachusetts for marriage is 18.

D.One spouse was impotent. This means the spouse lacks the ability to sexually perform and not merely the inability to have children.

E.There was fraud going to the essence of the marriage contract. For example, one party entered the marriage solely to avoid deportation and led the other party to believe otherwise.

F.One spouse was under the influence of drugs or alcohol during the ceremony such that he or she did not have the capacity to consent to the marriage.

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