Residency Grounds Procedures Children's Issues Grandparent Rights

JMILaw - Massachusetts Divorce Law Massachusetts Divorce - Procedures An action for divorce on the grounds of irretrievable breakdown of the marriage may be instituted by filing:  a petition signed by both spouses; a sworn affidavit that an irretrievable breakdown of the marriage exists; and a notarized separation agreement signed by both spouses. A marital settlement agreement is an acceptable substitute for a separation agreement. No summons will be required. Such petitions are to be given a speedy hearing. Marital fault is not to be considered in any decision of the court on property division or maintenance. Sample divorce forms can be found in the Massachusetts Rules of Court Appendix of Forms. However, a Financial Statement must be filed in all divorce cases. In addition, divorcing parents must be familiar with the official “Child Support Guidelines Worksheet” contained in the Appendix of Forms. Finally, in every action for divorce, a Public Health Statistical Report must be filed by each spouse. Copies of this form are available from the offices of the Register of Probate. [Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 6B and Massachusetts Rules of Court; Appendix of Forms]. Each state has its own unique filing procedure. When filing for divorce in Massachusetts, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court.