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What to Know Before You Finally File for Divorce

Filing for divorce is a difficult decision that often follows many months or years of problems in a marriage. Most couples do not take divorce lightly, and you’ve likely given it significant thought. In Massachusetts, you may file for divorce if you’ve been living in the state for at least one year. You also can file if the reason for the marriage…

Should I File for Divorce Then Move Out or Vice-Versa?

A common question surrounding divorce involves timing a move from the family home. This is more of a personal question than a legal one–although moving out too soon can leave you and your property interests vulnerable. There are situations, like abuse, where leaving is the only way to preserve your safety. Other times, if you and your spouse came to divorce by…

Obtaining Emergency Temporary Custody

A parent may seek emergency temporary custody when the other parent presents an immediate danger to a child. Substance abuse by a parent, abandonment, and other reckless or threatening behavior can constitute grounds for a court to issue an emergency custody order. If you believe that the actions of your spouse or ex-spouse are endangering your child, what steps should you take…

Infidelity and Divorce

According to Massachusetts law, “a married person who has sexual intercourse with a person not his spouse” has committed a crime and is subject to imprisonment for up to three years and a $500 fine. Although the last prosecution for adultery was in 1983, the commonwealth still lists adultery as a crime and also as a reason for a divorce. While statistics…

How to Respond to Divorce Papers

When one party seeks a divorce from the other, the process starts with the defendant being served legal documents providing notification of the divorce request. If you are receiving these documents, you are considered the defendant in the case. It means that your spouse has taken the step to request a dissolution of the marriage. This document can be a shock to…