Massachusetts No Fault Divorce

In a No Fault Divorce, none of the divorcing partners needs to furnish evidence that the other partner has performed some misconduct. All the states in the United States permit this type of divorce. Some of these states demand some months of separation prior to the official grant of the divorce.

Certain aspects of Massachusetts No Fault Divorce

• The divorce papers can be filed in the county in which the divorcing couple last resided together. However, if none of the divorcing partners presently resides in that county, then the county in this state wherein either divorcing partner currently resides is selected as the venue for filing.
• If a joint petition is filed, there is no need to serve the divorcing partner with divorce papers. Due to this, the process is accelerated.
• No particular waiting period prior to the final divorce hearing has been specified
• After the paperwork is filed, the court schedules a hearing within 2 to 4 weeks
• As per the law of this state, the court initially files a “judgment nisi”
• 90 days after filing the judgment nisi, it is automatically transformed to a final decree. Thus, the divorce becomes final after 90 days from the date the Judge signed the judgment nisi.
• As a part of the divorce proceeding, the wife can restore her former name. This is carried out at no extra expense.
• When the judgment of divorce becomes absolute, both the divorced partners are free to remarry.
• Consider that the divorcing partners have minor children. Then, it is compulsory that they should attend an approved Parent Education Program. Within 60 days after the divorce papers have been filed, the divorcing partners must register with an approved provider and remain present for the next available session.

Grounds of Massachusetts No Fault Divorce

The divorcing partner who wishes a divorce can simply make a statement that the marriage has been irretrievably broken down. Such a thing may have occurred due to one of the following reasons.

• Incompatibility of temperament
• Irreconcilable differences

Choice of divorce

Massachusetts is a mixed state i.e. either faults or no fault grounds can be employed. It has been observed that a majority of divorcing couples choose No Fault divorces. The reason is that it is more economical and needs lesser duration. Also, it becomes possible to prevent the undesired court battles that are a part of fault divorces. If the divorcing couple has children, the couple wishes that the children should not become a witness to the court battles.

Presently, the court considers all divorce cases as No Fault ones. The fault of the party is taken into account only if it has an impact on the property division or child custody. Some divorcing partners are cent percent sure that if they prove the fault of their partner, then they have an advantage over their partner regarding the issues like property division and child custody. In such a scenario, they may make the choice of a Fault Divorce.

Divorce Papers