Massachusetts No Fault Divorce
Massachusetts is a No-fault divorce state. This means that it does not matter whose "fault" the divorce is, and fault will not be a factor in the distribution of assets, unless it can be shown that a party dissipated a martial asset for a non-marital purpose. A couple only need state that their marriage is irretrievably broken to obtain a divorce. No other reason or grounds need be presented.
MA Contested Divorce vs. MA Uncontested Divorce
There are two kinds of Massachusetts divorce: (1) MA Contested Divorce and (2) MA Uncontested Divorce.
A MA contested divorce is one in which the husband and wife cannot come to an agreement on one or more issues related to the termination of their marriage. Where the partners cannot come to an agreement, the parties must then take their issue(s) to a court to be decided by a judge.
MA contested divorces can involve one or numerous unresolved issues. Some of these issues are:
Custody of children and child support including shared legal custody which is the right to participate in major decisions involving the children;
Division of property including retirement accounts;
Allocation of debts;
Alimony;
Payment of health insurance and uninsured medical bills of the children and parties;
The right to claim the children as income tax exemptions;
Maintenance of life insurance;
Provision for the children's education.
In a contested case the parties will present their evidence at a trial before a judge. The judge will decide the issues for the parties.
A MA divorce is uncontested when the parties seeking to terminate their marriage agree on each and every item and issue related to the ending of their marriage. This does not necessarily mean that the divorce is amicable, but merely that all disputes between husband and wife were resolved by themselves in a Separation Agreement and not by a Judge after a trial.
A MA uncontested divorce is usually the preferred resolution for the parties involved. The process is quick and much less costly than litigation. Attorney David W. Lima is a Massachusetts divorce lawyer who can help file your case.
Massachusetts Divorce Modifications
Divorce actions may not stop once the final decree has been entered. Massachusetts modification and enforcement actions occur after the divorce has taken place.
To obtain a modification of the original divorce decree you have to show a substantial and material change in circumstances.
Child support, custody, visitation and the parenting plans are modifiable at any time. Support payments may be increased, decreased, or canceled. Both physical and legal child custody and visitation rights or parenting time can be modified if there is a substantial and material change in circumstances.
The only portion of your divorce judgment that generally cannot be modified is the division and distribution of the marital assets. To modify a division of assets one would need to show fraud.
David W. Lima is a Massachusetts divorce attorney who personally handles your case. He is aided by an elite staff and state-of-the-art technology. Attorney Lima has more than twenty five years experience with MA divorce law. Call Attorney David W. Lima today for a free consultation on your Massachusetts divorce.
Attorney David W. Lima handles all types of divorce cases and modifications throughout Massachusetts including but not limited to the cities and towns of Ashburnham, Ashland, Athol, Barre, Berlin, Central Massachusetts, Metro West, Metrowest, Boylston, Clinton, Fitchburg, Framingham, Gardner, Holliston, Hopkinton, Hubbardston, Hudson, Lancaster, Leominster, Marlborough, Marlboro, Milford, Natick, Northborough, Northboro, Paxton, Shrewsbury, Southboro, Southborough Sudbury, Templeton, Upton, Wayland, Wellesley, West Boylston, Westborough, Westboro, Weston, Winchendon, and Worcester, Massachusetts.