Divorce Law

If you and/or your spouse want a divorce, your case will be heard in the Probate & Family Courts of Massachusetts as governed by state law (Massachusetts General Law Chapter 208 section 1A and section 1B). You can file for three types of divorce:

1. No-fault 1A (uncontested) divorce
2. No-fault 1B (contested) divorce
3. Fault-based (contested) divorce

The court requires you to declare a reason for the divorce. In no-fault divorces, the reason is irreconcilable differences (legally known as the “irretrievable breakdown of the marriage.”) Nearly all divorcing couples choose a no-fault divorce because it is easier and cheaper and allows the parties to reach a divorce agreement without going to trial. No-fault divorces can be uncontested or contested. Fault divorces are very rare, as explained below.

If you and your spouse agree the marriage has broken beyond repair and you can agree to terms regarding child support and custody, parenting time, alimony, and property, you can pursue a no-fault 1A (uncontested) divorce.

No-fault 1A divorces are a good option if you and your spouse both want the divorce, communicate well, and do have not complex child custody or marital assets. You can negotiate terms on your own, through lawyers, or with the help of a divorce mediator.

Both parties must sign a separation agreement, which is a binding contract that defines the terms of divorce. You will file a joint petition for divorce and attend only one court hearing to finalize the divorce.

In Massachusetts, a no-fault contested divorce is called a 1B divorce. One or both spouses wish to divorce due to irreconcilable differences (legally known the “irretrievable breakdown of the marriage.”) The person seeking divorce, called the petitioner, can petition the court to serve their spouse with divorce papers.

You might wish to file for a no-fault 1B divorce if:

• You and your spouse agree the marriage is over but disagree on matters regarding child custody, child support, parenting time, alimony, or the division of marital property
• You want a divorce, but your spouse does not want to end the marriage or is not taking steps to part ways

Contested no-fault divorces are legally complex with higher conflict, so they may take longer to settle and are more expensive than uncontested no-fault cases. If you wish to file for a 1B divorce or have been served with divorce papers, it is advisable that you hire an attorney.

At the Law Offices of Jessica Doucette and Associates, we can negotiate, draft, and review your no-fault divorce agreement in collaboration with your spouse or their attorney, and then file the petition with the Court.

In fault divorce cases the person seeking to end the marriage must prove a specific reason for divorce as defined by law, including:

• Adultery
• Cruel and abusive treatment
• Gross and confirmed intoxication caused by liquor or drugs
• Desertion
• Impotency
• Non-support
• A prison sentence of 5 or more years

Fault divorces are very rare in Massachusetts because they require the petitioner to testify in court about the alleged cruelty, adultery, or abuse. To avoid trial, you might wish to file on both “fault” grounds and, in the alternative, “irreconcilable differences.” This allows you to document your legal grounds for fault while keeping the lines of negotiation open through your attorney in hopes of reaching an out-of-court settlement.

First, you should contact a qualified family law attorney to represent you in court. It is important you do this quickly, especially if any matters regarding your residence or child custody are in question. Your attorney will serve as your advocate and adviser, helping you to navigate the many issues involved.

If you are seeking a divorce, you should contact an experienced attorney who can advise you of the law, your rights, and the steps you should take before filing for divorce.

Every divorce case is unique. For example, a stay-at-home mom, a spouse who does not manage household finances, and a spouse who intends to leave the shared home should each take different actions before filing for divorce. We can advise you on how to get your affairs in order.

Every marriage is deeply personal, and the circumstances that define a good or successful divorce depend on the individual.

However, it is safe to say most couples wish to divorce amicably, especially when children are involved. If you need to co-parent for the foreseeable future, you will prioritize good-faith negotiations to maintain a cordial relationship. We can help you reach a detailed agreement so you can move ahead with your life.

Of course, many divorces are more complex or adversarial. In these cases, you want an assertive and knowledgeable litigator to go to bat for you. Attorney Jessica Doucette will negotiate and litigate aggressively on your behalf while showing sensitivity to the emotional strain of this period in your life.

Divorce is a complex legal process with many steps and a hefty amount of paperwork.

For uncontested divorces negotiated outside of court, an agreement can be achieved in as little as a few months but could take a year or longer. It depends on how quickly the spouses wish to move.

For contested divorces, courts prefer to complete cases within 8 and 14 months of filing. However, the process could take less time or more time depending on how adversarial one or both parties choose to be.

In 2003, Massachusetts became the first state in the nation to legalize same-sex marriage, and since then more than 30,000 same-sex marriages have taken place in the Commonwealth. The 2015 U.S. Supreme Court case Obergefell v. Hodges made same-sex marriage (and same-sex divorce) the law of the land nationwide.

The procedure for seeking a same-sex divorce in Massachusetts is the same as for opposite-sex couples. Parties can file for fault or no-fault divorce, and the court handles the division of assets and spousal support in the same way.

Child custody and support issues with same-sex marriages can be more complicated. Under Massachusetts law, if your child was born during your marriage and your name is on the birth certificate, you have the same parental rights as your spouse, even if your spouse has a biological relationship to the child. However, if your name is not listed on the birth certificate and you never adopted the child legally, your rights could be compromised. It is important you speak with an experienced attorney right away to advise you regarding legal and physical custody and parenting time.

Attorney Jessica Doucette is an experienced same-sex divorce lawyer and welcomes inquiries from LGBTQ clients.