If you believe your marriage has ended and you want to formally separate, the next logical step is researching how to file for divorce. It’s important to understand that each state has specific requirements that must be met before you can officially pursue a divorce complaint. Please continue reading as we explore the legal requirements for getting a divorce in Massachusetts and how our knowledgeable Bristol County Grounds for Divorce Lawyers can help you navigate your options.
What Are the Legal Requirements for Divorce in MA?
First, all states have laws that govern the divorce process. These laws can be confusing, which is why it’s crucial to enlist the help of an experienced attorney who can help handle your case.
Generally, two legal requirements must be satisfied to obtain a divorce in Massachusetts. To successfully dissolve your marriage in the state, you must meet the residency requirements and present a legally valid reason for the separation.
What Are Massachusett’s Residency Requirements for Divorce?
Before you pursue a divorce in Massachusetts, you must determine whether you meet the state’s residency requirements. These requirements are based on where the cause of the divorce occurred. If the reason the marriage ended happened in Massachusetts, you only need to live in the state as a couple when you file your divorce papers. Otherwise, you or your spouse must have lived in the state for at least one year before filing.
What Are the Legally Acceptable Grounds for Divorce?
In addition to residency requirements, you must cite a legally acceptable ground to initiate your divorce. Essentially, you claim one party is at fault for the marriage ending. Massachusetts recognizes the following grounds for divorce:
- Adultery
- Abandonment
- Abusive and cruel treatment (domestic violence)
- Impotence
- Imprisonment (at least 5 years)
- Non-support
- Separation (lived apart for at least 18 months and both parties want divorce)
- Substance abuse
It’s important to note that courts only require grounds for a contested divorce. Massachusetts is a no-fault divorce state. This means if you file an uncontested divorce, you don’t have to cite specific grounds, rather you can certify that an irretrievable breakdown of the marriage has occurred. You are claiming that the issues in your marriage cannot be resolved and that there is no chance of reconciliation.
If you are facing a divorce, it’s imperative to have quality legal support. Exploring your legal options is an essential part of being prepared for the process ahead. Connect with an attorney from The Law Offices of Cynthia L. Hanley, P.C. today for a consultation. Our legal team is prepared to effectively represent your interests.
