Experienced Divorce Lawyer in Rockland
Going through a divorce is an emotionally and financially challenging experience. To have a trusted advocate during this stressful time, work with the compassionate and skilled divorce team at Gilbert Law Offices, P.C. We ensure that your voice is heard and your rights are respected throughout the legal process.
Your decisions during a divorce may involve child custody, property division, and financial support, which have lasting effects on your life. Collaborate with our divorce lawyer in Rockland for compassionate and thorough guidance when making these choices and have someone to advocate for your rights, especially if things don’t seem fair.
Contact our family law firm today to begin your divorce process.
Frequently Asked Questions
How do I file for a divorce in Massachusetts?
In Massachusetts, there are three types of divorce you can file for:
- A no-fault “1A divorce,” which is a joint petition filed by both spouses.
- A no-fault “1B divorce,” which is an individual complaint filed by one spouse.
- An individual complaint indicating that one spouse caused the divorce.
Regardless of the type of divorce, you or your spouse must be a resident of Massachusetts. If the reason for the divorce occurred outside the state, at least one of you must have been a Massachusetts resident for at least one year.
The spouse initiating the divorce must file all necessary paperwork in the probate and family court of the county where either spouse resides.
What is the difference between a legal separation and a divorce?
Legal separation and divorce are formal ways to end a marriage with distinct legal statuses and practical implications. In a legal separation, the court allows couples to live apart while remaining legally married. This arrangement enables spouses to negotiate terms such as child custody, spousal support, and property division before going to court.
A divorce dissolves the marriage completely, legally ending the marital relationship. Divorce includes dividing assets and debts, determining alimony, and establishing custody and visitation rights.
Another key difference is that a legal separation is a temporary or permanent arrangement, while a divorce is a permanent resolution.
If my spouse and I live in different states, where can we get a divorce?
Jurisdictional rules differ from state to state, but here are some important points to keep in mind:
Residency Requirements — Each state has residency requirements that must be fulfilled before filing for divorce. Generally, at least one spouse must have lived in the state for a certain period before initiating divorce proceedings.
Jurisdiction — To file for divorce, you need to do so in the state where you meet the residency requirements; however, there may be exceptions or specific circumstances that allow you to file in a different state. Consult our divorce attorney to understand the jurisdictional rules and the options available.
Choice of State — If you and your spouse meet the residency requirements of different states, you may have the option to choose where to file for divorce. Consider factors such as each state’s divorce laws, property division rules, child custody regulations, and any potential advantages or disadvantages associated with each jurisdiction.
Will I have to pay alimony?
Alimony, also known as spousal support, may be required depending on your jurisdiction, the specific laws applicable in that area, the duration of the marriage, the financial circumstances of both parties, and any relevant agreements or court orders. It is advisable to consult our divorce and child custody attorney for guidance tailored to your situation and the laws in your jurisdiction.
Can I get my maiden name back?
Yes, you can reclaim your maiden name after a divorce in Massachusetts. Under Massachusetts law, individuals undergoing this process can request that their maiden name or original name be included in the divorce decree before marriage. This decree serves as the legal document for changing your name back to your maiden name, so it is advisable to include your name-change request in your divorce petition or complaint.
When requesting our legal services, inform our team of your intention to change your name. The process generally involves filing a Change of Name Petition, which may require a fee of around $100. It is important to consult our legal professionals to understand the specific requirements and procedures for changing your name after a divorce.
