Massachusetts Divorce Information
Divorce laws for the commonwealth are found in Massachusetts General Laws Chapter 208. The statutes govern the procedures followed to terminate a marriage in Massachusetts, either through agreement or a trial before the court.
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Probate Court
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Divorce cases in Massachusetts are heard in the probate court in the county where one of the spouses resides.
No-Fault
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The laws of Massachusetts permit divorce on a no-fault bases. Evidence demonstrates an irretrievable breakdown of the marriage with no realistic hope for reconciliation.
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Fault
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Divorce can be sought based on an allegation of fault. Examples of fault under Massachusetts law include adultery, impotency and desertion (for at least a year). Other examples of fault include "gross and confirmed" habits of intoxication as well as abusive and cruel treatment (physical, psychological or emotional).
Equitable Distribution
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Courts in Massachusetts use an "equitable standard" to divide assets and debts. Equitable does not mean equal. Rather, the probate court judge determines what is fair on a case-by-case basis.
Expert Insight
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Massachusetts divorce law is complex. A divorce by its very nature is emotional. You likely best protect your rights and advance your interests through experienced legal representation.
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