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The Dissolution of a Marriage

In Massachusetts divorce is initiated either by the filing of a Joint Petition for Divorce (where the parties have reached a settlement in advance of filing) or by filing a Complaint for Divorce either claiming fault or no fault grounds. It is not necessary to show that your spouse has caused the divorce. Most divorces are filed on the grounds of irretrievable breakdown, commonly called no fault. While some divorces are contested, (no agreement) on issues of property, support, etc., few are actually contested on the grounds for the divorce itself. The grounds for the divorce do not necessarily determine how the property will be divided or how much support will be awarded, although under extreme circumstances, fault and wrongful conduct can have an impact on the final outcome.

The time it takes to complete a divorce, depends on how quickly both husband and wife can agree to how to handle custody of your children and child support, and the division of all of your property. If you can not agree and need to go to court to have a Judge decide the issues your divorce will take considerably longer then if, with the assistance of counsel or through mediation, reach an agreement prior to filing or in advance of any trial date. [Read more...]