Know Your Options for Divorce in MA

When it comes to divorce in Massachusetts, the more informed you are, the better you will be able to understand the issues that need to be negotiated, and the better you will be able to choose among options.


Reasons for Fault Divorce in MA--General Law Chapter 208 Section 1



Voluntary and excessive use of drugs--specifically "intoxicating liquor, opium, or other drugs"--is a basis for fault divorce.


Although adultery is a cause for a "fault" divorce, very few divorces in MA are fault divorces. In "no-fault" divorces, it generally plays no legal role, although it can be emotionally devastating.

Cruel and abusive treatment

The general law does not spell out what constitutes cruel and abusive treatment, but it is nevertheless a just cause for fault divorce

Lack of support

If a spouse has the resources to support the other spouse financially but "grossly or wantonly and cruelly" refuses to do so, this serves as legal cause for a fault divorce.


If a spouse deserts you for a full year prior to filing, you can use this desertion as the basis of a fault divorce.

But the vast majority of divorces in MA since 1976 have been "no fault"...

For a "no fault" divorce you do not need to find fault with your spouse. You simply need to assert that the marriage has irretrievably broken down.

Divorce during Covid


The covid pandemic does not need to keep your divorce from proceeding. Massachusetts courts are hearing cases remotely, and divorce mediators can meet with you online. Many clients find that meeting over Zoom has advantages over meeting in-person–documents can be shared quickly on screen, spouses who are separated can log in from different locations, and everyone saves on travel time.

The ``Big Three`` Issues to Resolve In Divorce

Parenting Plan: Legal Custody and Physical Custody
Who takes care of the kids when?
Division of Marital Assets and Debts
Assets and debts acquired during marriage belong to both of you
Support: Child Support/Alimony
Child support is presumptive (

From Our Blog

Divorce Lawyer

5 Things Divorce Lawyer Can Do That You Probably Cannot

Divorces can be one of the most unfavourable events of anyone’s life. It is an emotional battle between partners which a lawyer who practices divorce law can understand and handle properly. There are many things that go into handling a divorce case. One thing that you should understand right away is that divorce cases are more than emotional battles and involve a lot of legal factors that will provide security to the dependent members of the family of divorcees. They use their knowledge of the law and the information provided by you to handle the case. Here are five things you cannot do, but a divorce lawyer can.

Find hidden assets


You and your partner will have to submit as many property documents of yours as you can. It is a daunting process to distribute the assets according to the rights of both people. Determining which asset goes to whom can be easy for the lawyer when both of you are transparent with the information. If your partner is trying to hide some of his/her assets to appear broke, your lawyer can find out about their hidden assets through discovery to uncover assets irrespective of where your partner has hidden them.

Negotiate with your partner’s attorney

Divorces are not always peaceful and easy. Most of the times, they are the worst nightmares for the partners as well as the lawyers. But the divorce lawyers of both the partners can talk to negotiate the terms so that both can come to an agreement and take the divorce without much stress. If you plan on approaching your partner’s lawyer for negotiating, things may not work out in your favour, but if you have a lawyer, both can talk legally to come to a common ground.

Evaluate settlement offers

When you get the offers from your partner’s lawyer to settle the case, it may get tempting in the first few offers. Your lawyer can determine whether the offer you are getting is good enough to agree upon. You may not realize the importance of this at the moment of hurry and later regret it. A lawyer can point out the loopholes and drawbacks of the offers to add the things that you can get on second or third offer.

Determine the child support

Taking the help of online child support calculators can be tricky if you do not understand all aspects of it. But if you take the help of a lawyer, he or she can provide you with the best ways to determine your child support payments based on your circumstances.

child support

Other legal issues that go unnoticed

Without professional help, many issues can arise in divorce cases. A good lawyer can anticipate such issues and find a solution to them before it can start affecting you. The higher experience your lawyer has, the better solutions he or she can make for the problems that may go unnoticed at first. They will also be able to help you jump over the potential problems.


Divorce Consultation

5 Things to Bring to a Divorce Consultation

The divorce attorney practices divorce law and may offer you a free initial consultation on booking an appointment. This consultation will be before you hire them so that they can size up your case and explain the whole process to you. Divorce is a one-time occurring event for most of the people which can raise a lot of questions in their head. When you meet your attorney for the first time regarding the case, there are a few things that you should carry with you. This will let the attorney know that you are prepared and you can get as much help from them as you can on your free visit. Here are the five things you should bring to a divorce consultation.


Prepare yourself to get as much information as you can during your divorce consultation. Not only you need to prepare questions to ask about the divorce, but also to the attorney who will handle your case. So do not be afraid when you ask your attorney about his experience in the field, his fees, and the amount of time for the whole process. You can keep a note of the important questions that you want to ask your attorney, but you may forget. Do not confuse divorce consultancy with a therapy session. This is the time you should be asking legal questions.

Real Estate

Real Estate Information

Do not forget to bring your property information to your divorce consultation. The papers should contain the property information of both you and your partner. You can carry your escrow papers, mortgage statements, and deeds. Make sure you have papers or information for every property that you own together, including the ones that you have owned in the past.

Relevant Legal Documents

You should bring as much of legal documents that you can. These documents include the legal papers that you have gathered during your married time. Some of the documents include separation agreements, passports, social security cards, and any other identity that provides information for you and your family. Other documents can also include your children’s birth certificates, prenuptial agreements, and other papers related to your partner or children. This information will help the attorney to understand your situation while filing the case.

Pay Stubs and Tax Returns

You will also need to provide information about your income and your partner’s income. You will need to provide the three most recent paystubs also for you and your partner. The reports on tax returns will also provide an idea of your income. If you have to choose between both, tax returns will provide a better comprehensive look at both of your financial situations.

Incriminating Evidence

If you have any incriminating evidence, bring it to the consultation. It can include photos, videos, messages, social media posts, etc. If there is a proof of your partner cheating on you, abusing you, or is involved in any harmful habits, make sure to present it to the attorney at the time of consultation.

Divorce Mediation

Tips to Prepare for Your Divorce Mediation

Mediating your divorce case can help in settling the case quicker and will avoid the rounds to the courts for the trials. It is an opportunity to settle your case without having to go through a long trial. You must be prepared for mediation in advance to give a positive experience without much trouble. Here are the tips to prepare for your mediation to have a smooth and positive experience.

Collect finance information

Gather all the financial information of you and your partner and give it to your attorney. It can include tax returns, pay stubs, debt amounts, bank records, insurances, and asset values. If you are facing trouble with child support, provide the necessary information about the cost of insurance for your child, daycare, education, and other activities.

finance information

Fill the Affidavit of Financial Information

By agreeing to the Affidavit of Financial Information given by your attorney, you agree to provide the information for your expenses after marriage. This will determine what you need for your spousal maintenance or what you can afford to pay for spousal maintenance.

Check the health insurance

If you and your partner have combined health insurance, you will need to check with an insurance agent for individual medical insurance. If you have medical expenses, your new insurance should be able to cover the charges.

Check the life insurance

If you and your partner have life insurance, provide the copies of statements from your life insurance to your attorney. Present the papers of your insurance and the cash surrender if there is any.

Make a list of your property

Excluding the property with documented proof, you need to make a list of other properties like furniture, artwork, jewellery, appliances, antiques, and other such items. Keep an estimate for the price of your property. Things lie furniture may not have the same price as when you bought them. So make sure you keep the prices according to their current market value.


Identify your vehicles

You need to identify the estimated value of all your vehicles. These will include your cards, recreational vehicles, motorbikes, boats, yachts, and even private jets. Find the approximate value of all your vehicles and present it to your attorney.


Mention your concerns

Always clear out your concerns with your attorney so that they can help you with them. There might be legal things that you might want to clear out before processing the divorce. Your attorney will assist you in understanding your rights under the law. You can have realistic expectations from the negotiations.

Be positive

The last thing to do it stay positive about the whole thing. Keep an open mind and a positive attitude for the whole process. Be confident about settling your case and listen carefully to the mediator. Share your views on the case whenever needed but resist the urge to interpret everything negatively.

Questions To Ask A Divorce Lawyer