MASSACHUSETTS DIVORCE ATTORNEYS  

HANDLE BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCE IN MASSACHUSETTS

There is nothing easy about going through a divorce. Our Massachusetts divorce attorneys understand that a divorce is an anxiety laden and stressful experience. Our Massachusetts divorce & family law attorneys know that the best way they can help their clients is by being there for them and giving them the expert guidance the clients need to get them through the divorce process. To let our clients know that we are here for them, our Massachusetts divorce lawyers do their best to return all phone calls within 8 hours. We also give our clients, our email address so that our clients can email us in the event they are not able to call us. If you wish to obtain a general overview of the divorce process in Massachusetts, please click on the term divorce. Below, you will find some of the laws in Massachusetts regarding divorce. We hope this is of help to you. After, you have read it, you are welcome to contact us so that our divorce attorneys in Massachusetts may determine how we can best help you. We will listen to you and then give you honest and clear advice on how we can best help you with your divorce issues in Massachusetts. We have an office in the City of Boston, Massachusetts to better serve you. If you wish to consult a SRIS, P.C. Divorce attorney in Massachusetts, please simply contact us via e-mail, phone, or by filling out or on-line form.  A Massachusetts divorce lawyer of SRIS, P.C. will talk with you and advice as you as to how we can help.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of divorce laws, please click here.

To learn more about the laws pertaining to divorce laws in Virginia or Maryland, please click on the state.

The following are some of the Massachusetts divorce laws.

• Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure
• Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure
• Confinement for crime
• Absence; presumption of death

UNCONTESTED DIVORCE

M.G.L.A. 208§ 1- General provisions (top)

A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.

M.G.L.A. 208§1A- Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure (top)

An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required. After a hearing on a separation agreement which has been presented to the court, the court shall, within thirty days of said hearing, make a finding as to whether or not an irretrievable breakdown of the marriage exists and whether or not the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable. In making its finding, the court shall apply the provisions of section thirty-four, except that the court shall make no inquiry into, nor consider any evidence of the individual marital fault of the parties. In the event the notarized separation agreement has not been filed at the time of the commencement of the action, it shall in any event be filed with the court within ninety days following the commencement of said action.

If the finding is in the affirmative, the court shall approve the agreement and enter a judgment of divorce nisi. The agreement either shall be incorporated and merged into said judgment or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract. In the event that the court does not approve the agreement as executed, or modified by agreement of the parties, said agreement shall become null and void and of no further effect between the parties; and the action shall be treated as dismissed, but without prejudice. Following approval of an agreement by the court but prior to the entry of judgment nisi, said agreement may be modified in accordance with the foregoing provisions at any time by agreement of the parties and with the approval of the court, or by the court upon the petition of one of the parties after a showing of a substantial change of circumstances; and the agreement, as modified, shall continue as the order of the court.

Thirty days from the time that the court has given its initial approval to a dissolution agreement of the parties which makes proper provisions for custody, support and maintenance, alimony, and for the disposition of marital property, where applicable, notwithstanding subsequent modification of said agreement, a judgment of divorce nisi shall be entered without further action by the parties.
Nothing in the foregoing shall prevent the court, at any time prior to the approval of the agreement by the court, from making temporary orders for custody, support and maintenance, or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.

Prior to the entry of judgment under this section, the petition may be withdrawn by mutual agreement of the parties.
An action commenced under this section shall be placed by the register of probate for the county in which the action is so commenced on a hearing list separate from that for all other actions for divorce brought under this chapter, and shall be given a speedy hearing on the dissolution agreement insofar as that is consistent with the wishes of the parties.

M.G.L.A. 208§1B- Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure (top)

An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.
No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.

Notwithstanding the foregoing, at the election of the court hereunder, the aforesaid six month period may be waived to allow the consolidation for the purposes of hearing a complaint commenced under this section with a complaint for divorce commenced by the opposing party under section one.

The filing of a complaint for divorce under this section shall not affect the ability of the defendant to obtain a hearing on a complaint for divorce filed under section one, even if the aforesaid six month period has not yet expired.

Said six month period shall be determined from the filing of a complaint for divorce. In the event that a complaint for divorce is commenced in accordance with the provisions of section one A or is for a cause set forth under section one, and said complaint is later amended to set forth the ground established in this section, the six month period herein set forth shall be computed from the date of the filing of said complaint.

As part of the entry of the judgment of divorce nisi, appropriate orders shall be made by the court with respect to custody, support and maintenance of children, and, in accordance with the provisions of section thirty-four, for alimony and for the disposition of marital property.

Nothing in the foregoing shall prevent the court, at any time prior to judgment, from making temporary orders for custody, support and maintenance or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.

Prior to the entry of judgment under this section, in the event that the parties file the statement and dissolution agreement as required under section one A hereinabove, then said action for divorce shall proceed under said section one A.

M.G.L.A. 208 § 2- Confinement for crime (top)

A divorce may also be adjudged if either party has been sentenced to confinement for life or for five years or more in a federal penal institution or in a penal or reformatory institution in this or any other state; and, after a divorce for such cause, no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights.

M.G.L.A. 208 § 3- Absence; presumption of death (top)

A divorce may be adjudged for any of the causes allowed by sections one, one B, or two although the defendant has been continuously absent for such time and under such circumstances as would raise a presumption of death.

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