What is the difference between a fault and no-fault divorce?

In the Commonwealth of Massachusetts, the grounds for divorce depends on whether you decide on a no-fault or fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Either or both parties can file to begin the process for a no-fault divorce merely pleading that the marriage is beyond repair, and it is time to move on. The ground for this action is “irretrievable breakdown of marriage”. A fault divorce is more involved. In the Commonwealth of Massachusetts, you have the option of filing for divorce and claiming one person is to
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Am I eligible to adopt in the state of Massachusetts as a single parent?

To be eligible to be an adoptive parent in the state of Massachusetts, the law states you must be at least 18 years old, and you or the child must be a resident of Massachusetts. In most cases, any married couple or single adult is eligible to adopt. If married, both spouses must be a part of the adoption. In nearly every adoption case, judges in adoption courts will consider the child’s best interests when making adoption decisions. In Massachusetts, you can adopt anyone younger than you are, as long as they aren’t your spouse, sibling, uncle, or aunt. In
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I was married and last lived in Massachusetts with my spouse but do not live in Massachusetts now, can I get divorced in Massachusetts?

While marriage laws are based on where the parties are at the time of marriage, divorce is based on where the parties live at the time of divorce. The answer to this question depends on how long you’ve resided outside of Massachusetts. While most states require you to be a resident before you may file divorce papers, the required length of residency varies per state. In most cases, it’s at least a minimum of six months. To file for divorce in the state of Massachusetts, one of the following must apply: You, or your estranged spouse, have lived in the
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My son and daughter-in-law are divorcing. As a grandmother do I have visitation rights?

Grandparents do have legal rights, however, regarding visitation, may require a court order under Massachusetts law. In the event the grandparents and parents can come to an agreement regarding visitation, court intervention is not required. When no such agreement can be made, there are certain situations grandparents may be granted a court order allowing visitations. Under Massachusetts law, grandparents have the right to ask a court for visitation if the parents were married and then divorced; the parents are still married, but they live apart, and there is a court order about the separation; or one or both parents are
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I’ve only been married for 2 weeks, am I eligible for an annulment?

In the state of Massachusetts, a court granted annulment means your marriage never legally happened. Each state’s legislative code sets specific guidelines for what constitutes an annullable marriage. Contrary to popular belief, you can’t annul a marriage based on a short duration. Massachusetts outlines seven specific grounds for annulment. In Massachusetts, annulments require your marriage to be either void or voidable. There are three void marriage grounds: consanguinity, having a blood relation such as brother and sister or first cousins; affinity, meaning you’re related by marriage to your spouse; and bigamy which refers to either you or your spouse is
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How do courts determine if relocation of a child to another state during a divorce is acceptable?

In situations where a custodial parent wishes to relocate with a child, the court will determine whether child custody relocation is in the best interests of the child. While a parent is free to relocate out of state themselves without the child or with the permission of the other parent to take the child, the state of Massachusetts requires a judge ruling regarding relocation contested by a parent. Depending on the current custody agreement, the judge has two different processes for determining if relocation is in the child’s best interest. For joint or shared custody the judge will take into
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Does Massachusetts divide property equally between the spouses during a divorce?

Rather than divide marital property equally, the Commonwealth of Massachusetts’ family law code seeks to divide it equitably. Massachusetts defines “marital property” as any property—be it income, assets, real estate, or everyday items—that comes into possession of the couple or either of the spouses individually during the course of the marriage. This could include trade secrets, stock holdings, and artistic creations. For individuals of high net worth, or those who make their living by possessing valuable intellectual property, it is especially valuable to have a prenuptial agreement in place to keep this property separate from that held in common in
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My ex-spouse has asked to pick up our children, of whom we share custody, at a different time from that stated in our custody agreement. I’m fine with the change. Do we need to alter the agreement, or is a verbal agreement enough?

As an attorney, my answer is almost always going to be “get it in writing.” While you may have the most amicable divorce in the world, you never know what the future may hold. Contracts fill the gaps left when human trust fails. If this is a one-time, or two-time situation, a verbal agreement might suffice. Of course, without putting it in writing, if you agree to a “quick change,” you may find yourself agreeing to a years-long arrangement without intending to. Moreover, while it is hard to think about, custody agreements in part to protect children from the threat
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What Is Child Support and how is it determined by the court in Massachusetts.

Both parents are legally obligated to provide for their children. If the parents separate, this expectation is continued through the process of child support. At the dissolution of their relationship, typically the child or children shall reside primarily with one parent and the other parent shall have parenting time with the child/children. The understanding is that with whom the child primarily resides, otherwise known as the custodial parent, will provide support through paying for the child’s daily care, while the other parent, the non-custodial parent, will continue support through monthly payments directed to the custodial parent. It is important to
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Reasons to Have a Postnuptial Agreement

Though most people have heard about a prenuptial agreement, not many have heard about postnupital agreements. These agreements, also called post-marriage agreements, are exactly what they sound like. They are made by a couple after marriage. Similar to prenuptial agreements, they are made to protect both parties in the event of divorce. These agreements spell out how everything will get divided if the marriage ends. Included should be information about, not only your assets, but also your debts. Postnuptial agreements are also helpful if a couple wants to amend their prenuptial agreement. If one or both of the parties decide
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