The 1-year residency requirement to obtain a divorce in Massachusetts means real and continuous residence in the Commonwealth for twelve months immediately before filing for divorce. Massachusetts does not have “legal separation. You don't need permission from the court to live away from your spouse. Separation agreements often occur before a divorce to establish the terms of child custody, the division of debts and property, and what to do with the family home.
It will also make it easier to finalize your divorce, as those terms will be favored during the proceedings. Having a no-fault divorce is relatively easy. As long as you and your spouse have agreed to divorce and have sent the 18 months difference, getting divorced should be simple. A fault divorce such as desertion, adultery, cruelty, etc.
To file for divorce based on desertion, for example, you would still have to wait for a 12-month separation and then file for divorce through the Superior Court closest to you. There is no legal separation in Massachusetts. You don't have to get permission from the court to live apart from your spouse. It is legal to live separately from your spouse.
To file for an uncontested divorce in Massachusetts, you must agree with your spouse about the no-fault reason why your marriage is ending, meet the state's residency requirement, and have an agreement with your spouse about the issues of your divorce. Massachusetts does not have an official form for the settlement, but many online divorce services will provide you with this document, based on the information you provided. A fault-based divorce is when you file for divorce and you claim that your spouse was responsible for ending the marriage. The other way time matters is if you have decided to file for divorce on the basis of “desertion.
One-year residency is not necessary if you are seeking a divorce based on adultery, cruelty or desertion, you should mention some examples of fault divorce. Usually, the couple will agree on a prescribed time limit for separation, in addition to deciding how to handle custody, visitation, and support issues. For desertion to be used as a ground for divorce, your spouse must have been absent for at least one year. For others, separation may be the only way one spouse can continue to use the other's health insurance information.
If your spouse has been convicted, not simply charged, of a crime, that is grounds for divorce in Massachusetts. The Massachusetts Judicial System website has the information about the types of divorce you can file here, as well as the court forms you may need if you want to divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for ending the marriage. It may be more appropriate to represent yourself when you and your spouse have no disagreements on any issues, about the grounds for divorce or about custody or support.
Here is an overview of the process, including how to qualify for a 1A divorce, file your paperwork, and get your final divorce. There is no need for a trial and the process is simpler, faster and less expensive than a contested divorce. The court does not oversee or regulate separations from trial, so if either party decides to end the separation early or stop following the terms, the other party usually doesn't have much recourse (except file for divorce). When you file your application for separate support, you must be a resident of the state, live separately from your spouse, and provide a legal reason or grounds for your request.