Ma Divorce With Without Consent
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How to fill out Massachusetts No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For People With Minor Children?
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FAQ
The first person to file will choose the grounds for divorce or whether to file a no fault divorce. One major advantage of filing first is the ability to stop your spouse from moving any financial assets or changing beneficiaries on life insurance policies or retirement accounts.
For the purposes of this section, abandonment shall mean that the opposing party has left the moving party and does not intend to return. Proof that the moving party has not known the whereabouts of the opposing party for the previous twelve months shall constitute prima facie evidence of abandonment.
You will have to serve divorce paperwork on your spouse, but a spouse cannot keep you from obtaining a divorce in Massachusetts simply by not signing paperwork. Joseph F. Botelho, Esq.
Massachusetts uses irreconcilable differences (the two parties no longer get along) as its single grounds for no-fault divorce. In this case, issues such as adultery or abuse do not matter for the purposes of the divorce itself, though they may in regards to child custody, for example.
Abandonment or desertion provides grounds for a fault-based divorce if a spouse left voluntarily, without good reason or an intent to return, and without the other spouse's consent. A spouse must be out of the home for a year or more before the other spouse can file for divorce on grounds of desertion.