Plymouth County Divorce Attorneys

Passionate Legal Advocacy in Plymouth County, Massachusetts

Are you in the middle of a divorce or other family law matter in Plymouth County? Reach out to the Law Offices of Rachel M. Matos. Our experienced divorce lawyers can make sure your interests and those of your children remain protected throughout divorce proceedings. We are here to represent you throughout the course of your case, from your initial free phone, video, or in-person consultation until some kind of resolution is found.

Our office is in walking distance from the Plymouth Courthouse.

Contact us now and reach the Plymouth County divorce lawyers regarding your divorce or other family law issues in Wareham, MA.

What Are the Grounds for Divorce in Massachusetts?

In Massachusetts, divorce is known as "divorce from the bonds of matrimony" or simply "a judgment of divorce." Divorce is a legal proceeding which concludes a marriage. In order for a divorce proceedings to commence, at least one party must establish a legally recognizable ground for divorce.

Different grounds exist for divorce in Massachusetts, such as the inability of either party to support themselves, adultery, and desertion. Regarding specific divorce grounds, Massachusetts courts recognize the following:

• No-fault irretrievable breakdown of the marriage
• Living apart for more than one year
• Absence and/or presumed dead for more than 7 years

Further grounds also exist if one spouse committed adultery, has been sentenced and confined to prison for at least five years, or deserted the other party and has not made contact for at least 7 years.

How Long Do You Have to Be Separated to File for Divorce in Massachusetts?

Plymouth County couples have two choices if they wish to separate. Two options include living under separate roofs in your home, or if you agree to separate, but wish to live in the same home. Perhaps you did not maintain separate households due to financial concerns, the fact that you or your spouse have children, or due to any other reason—you may still be able to meet the requirements for a based divorce based on willful desertedness.

Living with your spouse for any period of time after you have discovered they committed a fault ground will reset the 6-month clock, which also includes living in the same home while disagreements were rendered specifically for child care. However, acts of kindness may also reset the clock, so you may wish to speak with a seasoned attorney regarding the specifics of your situation.

What Is a 1B Divorce in Massachusetts?

In a 1B divorce one spouse agrees to get divorced based on irretrievable breakdown of the marriage. The marriage must have broken down for six months prior to filing with regard to a 1B divorce. These types of divorces may take as little as 45 days to complete. 

Divorce Steps in Massachusetts

• Settlement: If possible, you and your spouse will try to reach an agreement on all issues present in your divorce. A written separation agreement will be made to include property division, child support, parenting time, and more. If both parties are unable to agree on any aspect of their divorce, it will go to trial and a family law judge will make decisions regarding property, support, and so on for them. If children are involved, the parents will also be sent to a pretrial conference. In this case, a judge will do so as well. The judge will make a decision that follows the best interest of the child.
• Discovery: Your attorney will conduct a wide array of research to get a better understanding of the situation, including the circumstances regarding support, parenting time, property, and more. When it comes to financial situations, trial subpoenas are a common way to request financial records from your spouse.
• Interrogatories: These are a series of written questions sent to another party in order to request further information regarding the case. An attorney will then review the information and use it to strengthen your case. This is used often if a business is involved that needs to be appraised or if one spouse wants the other to place their financial statements over the years.
• Depositions: A deposition gives you the opportunity to cross-examine your spouse with the use of a court room moderator and a transcriptionist. Many people wish to use depositions in order to have a permanent record of their spouse admitting to certain things. YourPlymouth County divorce lawyer should sit with you during a deposition, especially since your spouse will be under oath and any answers they given may be used against them in court. You can also place your own spouse under oath and ask questions relative to their finances or anything proving that the marriage has been over for 6 months.
• Pleadings: To start a divorce case, you must file a complaint for divorce in the Massachusetts Probate and Family Court. To do so, you or your spouse must live in Massachusetts. When going to court, both parties will receive copies of the complaint, and will be mailed an order of notice, as well as a citation sending reminders that the court will be scheduled in the future.
• Service of Process: This term refers to how a copy of the complaint and summons are given to the other spouse. A party can decide himself to provide the divorce complaint to the other spouse. Through a third party, it may also be delivered. Still, it can be mailed by the sheriff to the other spouse or to the other spouse's attorney who will then be served. The defendant will have 20 or 30 days (depending on where they were served) to respond and the plaintiff will then receive proof of service. The attorney will then have a briefing on the initial trial date or on the matter of management.

Types of Divorce in Massachusetts

Massachusetts courts offer a few types of divorces. These types of divorces include:

• Uncontested divorce: An uncontested divorce and usually takes about six months to complete. Couples who pursue an uncontested divorce generally reach compromises about most or all the issues in their case, such as property division, child support and parenting time. Their written agreements demonstrate their resolution.
• Contested divorce: A contested divorce usually involves disputes and disagreements. Oftentimes, the parties will not be able to come to a mutual resolution on any or all the critical issues of their divorce case. In this scenario, a judge may need to hear both sides of the argument in court. The judge after then makes decisions regarding disputed issues.
• Divorce mediation: Mediation, a form of alternative dispute resolution, is a process that encourages healthy discussions. This helps the parties find compromises. At least one preliminary and one mediation session may be required (a session lasting about 2-3 hours) to mediate disputes in Plymouth County Court.

Do You Have to Be Separated for 1 Year to Get a Divorce in Massachusetts?

The separation laws in Massachusetts are not exclusive to living separate and apart, but may in fact also include living under the same roof. You should be aware that your decision to divorce or live apart also affects your financial situation and both parties must have separate insurance once the process begins.

Under Massachusetts law, there are 6 different grounds for divorce. 

You must prove to the court that at least one of the grounds applies to your situation before you can legally end your marriage:

• Impotence
• Adultery
• Desertion
• Gross and confirmed habits of intoxication
• Non-support
• Irretrievable breakdown of the marriage

In Massachusetts, after married parties have lived apart for a year, a petition for divorce may be filed on the grounds of an irretrievable breakdown of the marriage. Under Massachusetts law, if you file without written consent, you and your spouse must live separate and apart for at least 18 months. The court holds the power to determine when a "no-fault" divorce is possible determining when the marriage has become irretrievably broken.

What Does Plymouth County Court Consider in a Divorce?

Parenting time and property division during divorce proceedings are just two of the many issues considered by the Plymouth County family courts when ending your marriage. Top divorce courts in Plymouth County also will make determinations regarding the length of your marriage, your conduct during the marriage, and many, many more. So, how specifically is property division determined?

Under Section 34 of the Massachusetts General Laws, during property division, the court can consider several factors in distributing assets/liabilities, including:

• The length of your marriage - How long you were married to your spouse.
• The conduct of the parties during the marriage - Whether one spouse's own conduct caused the breakdown of the marriage, defined conduct, awards, affair, and more.
• The age of the parties - The ages of you and your spouse.
• The health of the parties
• The station of the parties - This refers to your profession and living situation (either your current or your potential employment opportunities) and the lifestyle you and your spouse previously share.
• The occupation of the parties
• The amount and sources of income of each of the parties - How much you and your spouse earn and whether or not you each receive it as an income or have it as an asset or a liquidation - sale.
• The vocational skills of the parties - Whether or not you will need to be retrained for work after divorce. If you have not previously worked, consider vocational skills.
• The employability of the parties - Whether or not one of you can reasonably support yourself and when support is in need of support. You and your spouse cannot get your high-end job back until after the divorce.
• The estate of the parties - What you or your spouse has and as previously had assets and liabilities.
• The liabilities of the parties
• The needs of each of the parties and the needs of your minor children - The general financial needs of life, including current and future costs such as housing, food, transportation, healthcare, and education are known as needs.
• The opportunity of each party for future acquisition of capital assets and income
• The contribution of each of the parties of the marital estate - The tasks that each individual participated in over the course of the marriage creating the marital estate.
• The contribution of each of the parties as a homemaker - Written by stay at home parents, if you feel you were unable to work over the course of the marriage due to family/etc. responsibilities, an opportunity to be heard.
• The contribution of each of the parties as a parent to their children - The ability to raise stable, healthy children can be influenced by both parties. Propose a better living situation if you feel you are the parent negatively affected by an ex-spouse's life choices, aka behavior in the home, school, or other.
• The contribution of either of the parties as a spouse to the career or professional dedication of the other party - A healthy marriage can balance support for the family life and time needed for a spouse to spend on work in the office setting and other.
• Retirement assets - How many retirement accounts established by you and your spouse.
• Business interests - A business promoting a family by one or both spouses or a business resulting in the vast amount of the marital estate to and loss of credit or more can be analyzed by courts in divorce cases.

Choose Us to Help You Every Step of the Way

At our divorce law firm, we can help you by answering questions like, what are the steps to divorce? Can I get a “legal separation” if I move out but we don't get divorced? Should I get a court order for child and spousal support? Our lawyers have obtained our clients fair and favorable results in thousands of divorce and divorce-related matters. When you have questions, the Law Offices of Rachel M. Matos, just a phone call away, are here for you.

Reach out to the Law Offices of Rachel M. Matos. Our office is ready to discuss with you your case to find your path of least resistance. Get started on your case today!