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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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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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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How Social Media Can Impact a Divorce

Before Facebook launched to the public in 2006, most people had never heard the term “social media.” Only internet nerds and computer geeks knew much about it. Fast forward to today and social networking is a large part of many people’s lives. It includes not only posting and sharing on Facebook but also on Twitter, LinkedIn, Pinterest, Instagram and other internet platforms. Social media is changing how people communicate and interact with each other. It is even impacting divorce. Divorce lawyers began encountering evidence garnered from social media websites about six or seven years ago. Now they see it regularly,
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Massachusetts Alimony Law

Going through a divorce is never an exciting time. Most often it comes with much heartache or filled with bitterness. One of the hardest topics of a divorce is the issue of alimony and spousal support in Family Law. Alimony is when a judge orders one spouse to pay another spouse a specific amount of money every month, for a certain amount of time. The length of the marriage is a significant factor when determining the amount of alimony one can expect to receive. “According to the Massachusetts Alimony Calculator, under the current Massachusetts law if the marriage lasts five
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Getting a Divorce and Think Your Spouse is Hiding Income?

Unfortunately, divorce is a fact of life. Unsettling and even frightening, it often brings out the worst in people. This includes one spouse hiding income from the other in an attempt to keep it for himself and lessen his spouse’s settlement amount. Although penalties are in place to prevent this kind of unethical behavior, it still happens fairly frequently, particularly in marriages with a complex financial picture. The more sources of income, investment accounts, retirement accounts, insurance policies, et cetera that a couple has, the easier it is for one spouse to hide money from the other. So how do
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Parenting Schedules and Virtual Visitation

When interacting with a child or children becomes difficult for a parent because of distance, virtual visitation could help families stay connected. Here is some information those in Massachusetts might like to know about electronic visitation. If a non-custodial parent is entitled to visitation rights, then virtual visitation rights might be an option too. These rights are not meant to replace real world interaction but can supplement parenting time when in-person meetings are not possible. Arrangements for virtual communication might be agreed on by parents as part of a parenting plan or ordered by a judge in a child custody
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Who Gets The House In A Massachusetts Divorce

Going through a divorce is challenging, unsettling and even frightening. Having to divide property only adds to the stress.  A family law question that most divorcing couples ask is who gets the house?  It is often the largest asset that a couple has and can easily become a point of serious contention during divorce proceedings. While some states recognize the idea of community property, in which both spouses own all property jointly and split it down the middle in a divorce, Massachusetts does not.  Instead, the Commonwealth is an “equitable distribution” state, meaning that asset distribution must be fair but not
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