Is there a separation period for divorce in Massachusetts?

In Massachusetts, an individual must wait for the so called “Nisi Period” of between 90 and 120 days before their divorce becomes “final” (also known as becoming “Absolute”), despite both parties appearing at a hearing before a Probate and Family Court judge and entering a binding Separation Agreement.

Can a married couple get a divorce in Massachusetts?

Married couples can end their marriages through annulment or divorce in Massachusetts. Technically, legal separation is not allowed in the state, but a spouse who chooses to separate without getting a divorce can request a “judgment for separate support” if they are seeking child support and spousal support.

How does a fault divorce work in Ma?

When a filing a fault divorce in MA, the person who is asking for the divorce (complainant) must provide the court with proof of the grounds for divorce. The court will provide the complainant with a summons, which is then served on the other spouse (also known as the defendant) along with the Complaint for Divorce (CJD-101B) and a tracking order.

What’s the waiting period for divorce in Ma?

Once he or she enters the judgment, a 90-day waiting period goes into effect, after which the divorce is final. When a filing a fault divorce in MA, the person who is asking for the divorce (complainant) must provide the court with proof of the grounds for divorce.

How is property divided in a Massachusetts divorce?

All divorcing couples must divide their marital property and assign marital debts as part of the divorce process. Massachusetts law requires the division of property in a divorce to be equitable, meaning that it must be fair, though not necessarily equal.

How does Julia mediate a divorce in Massachusetts?

Julia mediates divorces in ALL Massachusetts counties and courts, using live video chat on Zoom or Skype. By law, Massachusetts is not a “community property” state, but in practice, even after litigation, most property settlements end up very similar to what they would be in community property states.

What are the benefits of divorce in Massachusetts?

Depending on language in the divorce agreement, the former spouse may be eligible as an individual for a divorced spouse rider or COBRA coverage. Alternately, if he or she is a Massachusetts resident, he/she may purchase health insurance from the Health Connector (1.877.623.6765).

What is not divisible in a divorce in Massachusetts?

Separate property is any anything owned by a spouse prior to the marriage and is not divisible in a divorce as long as it has not been commingled. There are several factors that Massachusetts courts consider when making an equitable distribution. Some of these include: