Rockland Divorce Lawyer

In Massachusetts, there are three different types of divorces you can file for; they include a no-fault “1A divorce” or a joint petition, a no-fault “1B divorce” or an individual complaint, or an individual complaint which states that one of the spouses caused the divorce.

No matter the situation, you or your spouse must be a state resident. If the grounds for divorce occurred outside of the state, you or your spouse must have been a Massachusetts resident for at least one year.

The spouse filing for divorce must file all paperwork in the probate and family court of the county where either spouse lives.

While a legal separation and a divorce are both formal ways to end a marriage, they have different legal statuses and practical implications. In the case of a legal separation, the court allows the couples to live apart but remain legally married throughout the time. This allows the spouses to negotiate terms of child custody, spousal support, and property division before heading to court.

On the other hand, a divorce dissolves the marriage entirely, thus legally ending the marital relationship. Divorce includes dividing assets and debts, deciding on alimony, and determining custody and visitation rights.

Finally, the last significant difference between the two is that a legal separation can be a temporary or permanent arrangement, while a divorce is only permanent.

Jurisdictional rules vary from state to state, but here are some of the key points to consider:

• Residency Requirements – Each state has specific residency requirements that must be met before filing for divorce. Typically, one or both spouses must have lived in the state for a certain period of time before they can initiate divorce proceedings.
• Jurisdiction – To file for divorce, you generally need to file in the state where you meet the residency requirements. However, exceptions or specific circumstances may allow you to file in another state. Consult with your divorce attorney to understand the jurisdictional rules and options available to you.
• 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 laws, and any potential advantages or disadvantages in each jurisdiction.

Determining whether alimony (also known as spousal support) will be required depends on various factors, including jurisdiction, the specific laws in your area, the duration of the marriage, the financial circumstances of both parties, and any relevant agreements or court orders. It is advisable to consult with a divorce attorney who can provide guidance based on your specific situation and the laws applicable in your jurisdiction.

Yes, you can get your maiden name back after a divorce in Massachusetts.

Massachusetts law allows individuals getting divorced to request that their original name before marriage or maiden name be included on the divorce decree. This serves as the legal document for changing your name back to your maiden name. Including your name-change request in your petition or complaint for divorce is recommended.

If you have an attorney handling your divorce, make sure to advise them of your intention to change your name. The process typically involves filing a Change of Name Petition and may require a fee of $100. It is essential to consult with a legal professional to understand the specific requirements and procedures for changing your name after a divorce.