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Under the law, only marital property may be divided. These are assets that were acquired by either spouse after the marriage, unless the asset was a gift of inheritance or expressly noted in a prenuptial agreement. Marital property includes wages earned, benefits and profit-sharing as well as debts that were created.
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.
A common question we get is "Is MA a 50/50 divorce state?" No. The state of Massachusetts is not a 50/50 state or a community property state. This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states.
Table of Contents Step 1: Find out if you can get divorced in Massachusetts. Step 2: Write a separation agreement. Step 3: Fill out your paperwork. Step 4: File your paperwork and fees. Step 5: Attend a hearing.
Massachusetts is one of the remaining 41 states that have an ?equitable distribution? policy. Division of assets is based on what the court decides is ?fair and equitable?. This could result in a 50/50 split, but this is not a given, regardless of how long you have been married.