If a divorce is imminent, it’s crucial to understand that there are a handful of prerequisites you meet before being able to divorce in Massachusetts. That said, many couples wonder whether they have to be separated for a specific period before they can file for divorce. Please continue reading to learn whether the state imposes a mandatory legal separation period and how our knowledgeable Bristol County Divorce Options Lawyers can help effectively represent your interests during this complex process.
How Do I File for Divorce in Massachusetts?
Before you can file for divorce in Massachusetts, you must satisfy the residency requirements. If both you and your soon-to-be ex were living in Massachusetts when the divorce occurred, or if one spouse was living in the state at the time of filing, they can file for divorce immediately. However, if the cause of the divorce occurred outside of the state, the spouse petitioning for the divorce must have lived in the state continuously for at least one year before filing for divorce. This requirement of continuous residence in the Commonwealth for twelve months applies to all types of divorce, including no-fault and fault divorces.
Once you have determined whether you meet the residency requirements, you must cite the grounds for the divorce. The grounds for the divorce are the reasons for the breakdown of the marriage. In Massachusetts, you can file for divorce based on fault or no-fault grounds depending on the circumstances of your case. The following are the acceptable reasons for divorce in the state:
- Adultery
- Desertion
- Gross and confirmed habits of intoxication
- Cruel and abusive treatment
- Non-support
- Impotence
- Imprisonment
How Long Do I Have to Be Separated to Get a Divorce?
In Massachusetts, there are no laws that require those seeking to dissolve their marriage to be separated for a specific period before filing. Couples in Massachusetts generally can have their divorce finalized once they settle the terms of their divorce such as child custody, child support, alimony, and property division. However, while the state doesn’t require a legal separation before divorce if you want to cite physical separation as grounds for the divorce, you will need to demonstrate that you have been separated for at least 18 months and that you and your spouse both want the divorce. In addition, if you wish to file for a fault-based divorce on grounds of your spouse’s imprisonment, you must prove that they have been incarcerated for five or more years.
As you can see, certain time requirements could impact your divorce. For more infromation, please don’t hesitate to contact a trusted lawyer from The Law Offices of Cynthia L. Hanley, P.C. Our legal team is prepared to discuss your legal options and fight for the best possible outcome. Connect with us today.
