DIVORCE IN MASSACHUSETTS

Have you outgrown your marriage?

If you have outgrown your marriage and decided it is time to part ways, I am here to help you. You can file for divorce in Massachusetts if you have lived in the state for at least one year. I am currently located in Chicopee, MA and represent all surrounding areas in Western Massachusetts.

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Divorce Process

The process of getting divorced in Massachusetts can be exhausting and time consuming. You will want an attorney that has your best interest and the best interest of your children at heart. I've been in your situation and know all too well what the journey is like.  Even if there are no children involved, a divorce can be stressful, exhausting, and energy consuming and you deserve a strong support system. 

There are 2 types of divorce in Massachusetts

It's important to know what type of divorce you'll be filing. As your attorney, I will help you choose whether there are grounds for a Fault Divorce or if a No-Fault Divorce is the best filing option for you.

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No Fault Divorce

A "no fault" divorce is the most common divorce where the marriage is broken beyond repair but neither spouse blames the other.

Fault Divorce

The "fault" grounds mean that one person was considered at fault in causing the marriage to end. In Massachusetts, there are 7 reasons that can be considered at fault for the marriage ending. 
  • Adultery
  • Desertion
  • Gross and confirmed habits of intoxication
  • Cruel and abusive treatment
  • Non-support
  • Impotency
  • A prison sentence for 5 of more years

Will your divorce be Contested or Uncontesed?

“Contested” means that one person disagrees with the divorce or the terms of the divorce. 
“Uncontested” means that both parties agree about everything they file.

As your attorney, it is my job to help you navigate towards an uncontested divorce. Especially when there are children involved. Being able to come to agreements where children are concerned, makes the separation less traumatic for your child/children. 
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Common Questions

  • What do I do if I am served with Divorce papers?

    If you're served with a complaint and summons, it will tell you that you need to answer within a certain amount of time. Usually you should file an answer in court to the complaint within 20 days of receiving the summons and complaint. If you have questions or don't know how to respond, please call my office at 413-331-4535.

  • What happens if I don't respond to the claim for Divorce?

    You don't have to file an answer, however, the advantage to filing an answer is that there will be a record of what you want and don't want to happen. If you don’t file an answer and don’t go to court, the court may give the relief requested by the plaintiff. Call my office before the deadline to respond at 413-331-4535.

  • What happens if we both agree that Divorce is the best option but we don't agree on visitation or child support?

    When one spouse believes there is an irretrievable breakdown of the marriage or both spouses believe the marriage has ended but they aren't in agreement about custody, support, or marital property issues. This is a contested no-fault divorce.

  • Am I entitled to Alimony?

    Judges look at the following when deciding whether and how much alimony to award:

    • The length of the marriage
    • Age of the parties
    • Health of the parties
    • Income, employment and employability of both parties, including employability through reasonable effort and additional training, if necessary
    • Economic and non-economic contribution of both parties to the marriage
    • Marital lifestyle
    • Ability of each party to maintain the marital lifestyle
    • Lost economic opportunity as a result of the marriage
    • Other factors the court considers relevant
  • How much alimony will I get?

    Except for reimbursement alimony or unusual circumstances, the amount of alimony should generally not be more than the receiving spouse’s need or 30–35 percent of the difference between the parties' gross incomes established at the time the order is issued.

  • How is child custody determined?

    The court will always consider what is in the best interest of the child to make its child custody decision. Some important things that the court will consider are:

    • The child's well-being
    • How the child is doing in school and the community
    • The child’s relationship with the parents and other family members
    • The parents’ history of abuse, drug use, or abandonment
    • Whether one parent has been the primary caregiver in the past
  • How is child visitation determined?

    The court will always consider what is in the best interest of the child to make its child custody decision. Some important things that the court will consider are:

    • The child's well-being
    • How the child is doing in school and the community
    • The child’s relationship with the parents and other family members
    • The parents’ history of abuse, drug use, or abandonment
    • Whether one parent has been the primary caregiver in the past
  • How much child support will I get?

    All child support orders and judgments follow the Massachusetts Guidelines. For a quick reference you can fill out the worksheet to get an idea of how much support you may be entitled to. 

  • What if my spouse was abusive?

    If you've been abused, I would ask for an immediate court order protecting you and your child. In Massachusetts, this is called a restraining order or abuse prevention order or 209A. We can ask for this order if the other parent has:

    • Harmed or tried to harm you physically
    • Made you afraid that you will be harmed physically
    • Forced or pressured you to have sex

    A protective order may temporarily decide custody and parenting time. There are special laws that can provide you with additional protections if you're concerned about your safety or your child’s safety.

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