Massachusetts

Marriage & Family Law Home

How is Alimony Filed?

In Massachusetts, an alimony agreement, is based on a spouse’s duty to support the other after divorce when dependency has been established. ....... Click here to get more info on Alimony

How are Child Support Cases Handled?

Additional to the public policy that dependent children shall be supported from the resources of their parents and upon a complaint filed after a judgment of divorce, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the existing child support order and the amount calculated from child support guidelines proposed from the chief justice of the trial court or if there is a need to provide for the health care coverage of the child.

The order will be adjusted properly unless the inconsistency is due to the fact that the amount of the existing order resulted from a rebuttal and that there has been no change in the circumstances that resulted in the rebuttal.

Provided that even if the evidence that required not following the guidelines remain in effect, the order will be modified according to child support guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child.

Once the best interests of the child are listed, the court decides that a party has overcome such presumption, the court will make written findings indicating the amount of the order that would result from applying the state child support guidelines:

• that the guidelines amount would be unjust or inappropriate under the circumstances



• the specific facts of the case which justify departure from the guidelines



• that such departure is consistent with the best interests of the child

....... Click here to get more info on Child Support

What Happens in Cases of Domestic Abuse? What is Considered in the Child's Best Interests?

If the court's finding evidence that a pattern or serious incident of abuse has occurred, the court will make a rebuttable presumption that it is not in the best interests of the child to be placed in any form of sole or shared custody with the abusive parent. ....... Click here to get more info on Custody

What are the Grounds for Divorce?

The state of Massachusetts, the one needing the divorce must have lived in the state for one year. ....... Click here to get more info on Divorce

What Factors are Considered in Visitation Rights?

A biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case. A parent seeking visitation may also file a petition for visitation if none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" include: the health and well-being of the child; parental and child preferences as to visitation; the age of the child and the prospects that each parent will cooperate with a visitation arr ....... Click here to get more info on Visitation

What is Considered Under Equitable Division of Property?

Under Massachusetts law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse. Some factors a court may consider include the following: the age and health of each spouse; the current job or future employability of each spouse; the needs and obligations of each spouse; spousal sources of income; the length of the marriage; and

any spousal misconduct during the marriage.

Alternatively ....... Click here to get more info on Property Division