Divorce can be mentally taxing even without the additional legal hassles that follow. Divorces cases are heard in the Probate and Family courts in Massachusetts. There is a special court in every county in the state, and the case has to be filed only in the county where the petitioner is residing. While seeking a divorce or a separate support, fa complaint for Divorce or Complaint for Separate Support has to be filed with the court. This complaint is the application for divorce.
Massachusetts's courts take a case if both parties lived together as husband and wife in Massachusetts, and if the cause of action for divorce occurred in Massachusetts. They also will consider taking the case if the cause of action occurred while one of the parties was in Massachusetts. Another condition is that the moving party lived in the state at least one year before the divorce action occurred. There are two categories of divorces: contested and non-contested.
The commonwealth of Massachusetts grants a divorce on three grounds: irretrievable breakdown of the marriage, cruel and abusive treatment and non-support. Utter desertion for at least one year, adultery, impotency, gross and confirmed habits of intoxication by liquor or drugs, prison sentence for five years or more are some other reasons.
A Massachusetts divorce lawyer makes the entire process easier for you. A good lawyer will first suggest steps to save the marriage- either counseling or other. The lawyer assists you in meeting requirements for your children, and will help you tackle hassles relating to support, personal property settlements or real estate. You should be well aware of your rights and responsibilities as given by the family and probate court. A lawyer will assist you right from preparing the divorce complaint to the settlement.
A Massachusetts divorce lawyer will help in obtaining temporary custody of (minor) children; obtaining a temporary restraining order that orders your spouse not to impose any restraint on the petitioner's personal liberty; obtaining an order for the spouse to vacate the house; obtaining temporary support for both the petitioner as well as the minor children; getting a wage assignment on the spouse's pay to ensure support payment; and help obtain visitation rights to the spouse to whom the custody of the children is not given. The lawyer can help build an effective case by bringing in witnesses whenever necessary.