Alex How are marital assets divided in a Massachusetts divorce?
Massachusetts is an equitable distribution state, and this means that courts will attempt to make sure that marital assets in a divorce are divided in a fair way under the circumstances. But it does not mean that assets will always be divided on a 50/50 basis. Marital assets are those accumulated during a marriage up until the date of separation.
Who gets the house in a divorce in Massachusetts?
Under the current case law in Massachusetts, family court judges have the power to order the deferred sale of a residence when the needs of dependent children warrant such an order.
What should be included in a Massachusetts divorce settlement agreement?
These marriage settlement agreements are encouraged by the policy of the Commonwealth. Separation Agreements must be drafted extremely carefully by a seasoned and thoughtful attorney that practices in family law.
Can a Massachusetts state pension be divided during a divorce?
For many Massachusetts couples, a public pension—whether MTRS, MA SERS or other state, county, or town pension—is the largest asset that they own. Even though the person who is earning a pension at their job might not begin drawing on that pension for decades, the pension has a value that needs to be divided during divorce.
Can a couple file for divorce in Massachusetts?
Massachusetts has its own divorce laws. It’s important that you understand the rules for divorce in your case. Either spouse can file for divorce in Massachusetts. Couples can reach their own agreements settling all issues in their case.
These marriage settlement agreements are encouraged by the policy of the Commonwealth. Separation Agreements must be drafted extremely carefully by a seasoned and thoughtful attorney that practices in family law.
What are the fault grounds for divorce in Massachusetts?
In other words, you will allege and show that your spouse did something which led to the divorce. The fault grounds in Massachusetts are: adultery. impotency. desertion for one year before the divorce. drug or alcohol abuse, and. cruel or abusive treatment, or cruel refusal to provide support to the other spouse.
Is there a waiting period for divorce in Massachusetts?
Whether you settle your case early on or have to go to trial, Massachusetts has a six-month waiting period from the time you file your case before a judge will grant your divorce. See Mass. Gen. L. Ch. 38 § 1 (b) (2020).