Massachusetts Family Law and the Divorce Process

Massachusetts family law covers the divorce process, which begins when one of the spouses actually files a legal petition, or “complaint,” which advises the court he, or she, wishes to end the marriage, and this petition is  “served” on the other spouse.

Legal requirements for divorce in Massachusetts (MA) can be found in Massachusetts General Laws, Chapter 208, sections 1-5 and 21, and include “residency requirements,” such as:

  • “Spouses must have lived together in MA as husband and wife,”
  • The plaintiff (the person petitioning) “must have lived in MA at least one year,
  • The actions/inactions that have brought about this divorce action must have occurred in MA, and
  • If the causal actions/inactions happened in another state, the spouses must have “lived together in MA,” and at least one spouse has to be an MA resident.

Because Massachusetts is a state which allows “no-fault” divorce, the petitioner (plaintiff) must merely attest that there has been “an irretrievable breakdown of the marriage.” In other words, the plaintiff believes there is “no chance of reconciliation.”  Other “grounds for divorce” are: 1) adultery, 2) the spouse has been away from the household for one year (desertion), 3) drug and alcohol problems, 4) inability to conceive, 5) nonsupport, 6) being sentenced to prison “for at least 5 years” after a criminal conviction, and 7) a long absence (leading to “presumption of death”). [Continue reading]

Establishing Paternity in Massachusetts

When a child is born to two married parents, they are placed on the child’s birth certificate. However, when parents are unmarried, paternity must be legally established in order for the non-birth parent to appear on the child’s birth certificate and have legal rights. This is an important step since it also involves future rights of the child.

So, how is paternity established in Massachusetts?

Voluntary Vs. Involuntary

Paternity can be established voluntarily or involuntarily. When both parents agree on who the non-birth parent is, they both sign a “Voluntary Acknowledgement of Parentage” in front of a notary pubic, establishing paternity voluntarily. This acknowledgement is then filed with the Registry of Vital Records, officially establishing paternity. [Continue reading]

Massachusetts Maternity Leave Act

Many parents-to-be wonder just how much time from work they can take off when their child is born. Effective April 7, 2015, under Massachusetts law, men and women will both be covered under the Massachusetts Maternity Leave Act (MMLA), which makes … [Continue reading]

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I would highly recommend Attorney Gary Todd! He is very knowledgable in his field and, in my case, produced excellent results. I think I most appreciated the fact that he is very easy to talk to and is an excellent listener -- totally without … [Continue reading]

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Attorney Gary Todd is an exceptional advocate, skilled litigator and incredibly compassionate individual who represents your best interests inside and out of the court room. During this incredibly difficult time in my life, Attorney Todd helped me … [Continue reading]

Grandparent’s Visitation Rights

Child custody disputes don't only affect parents and children. They can have a major effect on grandparents too. Grandparents whose grandchildren are caught up in custody disputes can feel like they are at the mercy of often uncooperative parents … [Continue reading]