What are the divorce laws in Massachusetts?
Our Commonwealth is a hybrid one in that the grounds for divorce can be based on both "fault" and "no fault" grounds. There are seven (7) statutory fault grounds in Massachusetts which include adultery, cruel and abusive behavior and confirmed habits of intoxication. A "no-fault" divorce is generally based on an irretrievable breakdown of the marriage which continues to exist up to the time of trial. In either type of divorce, there would be a property division, child custody, visitation and support issues and possibly alimony depending on the length of the marriage, among other factors. Property division in Massachusetts is subject to the statutory factors contained in G.L. 208, Sec. 34 which are applied by the judge to accomplish an equitable distribution. They include: conduct of the parties, contribution to the acquisition, appreciation of the assets, age and health of the parties, among others. During the divorce there is an automatic restraining order against either party from transferring, selling and/or encumbering a marital asset except in limited circumstances (i.e., attorney's fees). Please consult legal resources for further information.

How Do I Prepare for a Divorce?
Planning for a divorce in Massachusetts? The best way to prepare for a divorce is to protect yourself, your children and your finances in that order. If you are in danger or are the victim of abuse, you will need a restraining order and should act immediately by calling the police and an attorney. In general, know what comprises the assets of your marriage and begin to collect recent statements (bank and credit card), tax returns and legal documents (i.e., real estate deeds). You should close or freeze any joint accounts, including credit lines and revolving credit cards so as not to be responsible for any new debt incurred by your spouse. Lastly, take care of yourself. If you need medical or emotional help, get it. Begin talking to your friends to build a support system and talk to your children truthfully re-assuring them of the love they will continue to receive from both parents.

What can I expect to pay and how can I reduce the expense of a divorce?
An uncontested divorce (i.e., no-fault) may cost between $1,500.000-$3,500.00 depending on the state and the level of experience of the attorney, excluding the filing fee. A contested divorce (i.e, on fault grounds) may cost more but the fee is very much a factor of the parties' abilities to communicate and work out basic issues (i.e., visitation with the children). The best way to reduce the expense of a divorce is to keep a good line of communication open with your spouse and to put the best interest of your children ahead of everything else. That way, the lawyers won't have to deal with basic child-related issues best resolved by the parents.