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Massachusetts

Massachusetts

Massachusetts

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; impotency;nonsupport; conviction of crime.

Residency: Parties must have livedtogether in the commonwealth unless plaintiff lived there 1 yearbefore filing or cause occurred in the commonwealth and plaintifffiled when living there.

Waiting Period: 90 days unless courtorders otherwise.

No Fault: Irretrievable breakdown.

Defenses: No defense.

Code Section: Ch. 208

CHILD CUSTODY
Uniform Child Custody Act:1983
Joint Custody:Yes, 208:31; 209C:10
Grandparent Visitation:Yes, Ch. 119 39D
Child's Wishes Considered:No
Code Section: 208:28

MARITAL PROPERTY
Community Property: No.

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Determining validity;nonage; insanity.

Time Limitation: None listed.

Legitimacy of Children: Issue ofrelationship in consanguinity or affinity is illegitimate.

Prohibited Marriages: Polygamous;man cannot marry his ancestors or descendants, sister,stepmother, grandfather’s wife, wife’s ancestors ordescendants, niece, aunt; woman cannot marry ancestors ordescendants, brother, stepfather, grandmother’s husband,daughter’s husband, granddaughter’s husband,husband’s grandfather, husband’s son, husband’sgrandson, nephew, uncle; these provisions continue even afterdissolution, by death or divorce, of marriage by which affinitywas created unless divorce was given because original marriagewas unlawful or void.

Code Section: 1 to 5; 14 to 16

RESOURCES

American Arbitration Association
Boston Regional Office
133 Federal St.
Boston, MA 02110-2409
Phone: (617)451-6600
Fax: (617)451-0763
Richard M. Reilly, Reg. VP

The Effect of Bankruptcy on DivorceAgreements and Judgments: Reacting to Financial
Abuse, Dissipation, and Potential Fraud
Massachusetts Continuing Legal Education, Inc.
10 Winter St.
Boston, MA 02108
Paul M. Kane, et al. 1990. Covers bankruptcy and divorce law andlegislation in Massachusetts and the United States.

The Effect of Bankruptcy on DivorceProceedings, Agreements, and Judgements
Massachusetts Continuing Legal Education, Inc.
10 Winter St.
Boston, MA 02108
Paul M. Kane, Mark G. DeGiacomo, and John S. Legasey. 1991.Covers bankruptcy, divorce, and law and legislation inMassachusetts and the United States.

Massachusetts Bar Association
20 West St.
Boston, MA 02111
Phone: (617)542-3602
Fax: (617)426-4344
Offers Tel-Law, a 24 hour recorded service offering informationon over 50 legal topics. This public service is accessible at(617) 542-9069, touch tone telephones only. A Lawyer ReferralService, (617) 542-9069 or toll free (800) 392-6164 putsconsumers in contact with area attorneys who will give an initialhalf-hour consultation for $15. Free legal consultation by phoneis available the first Wednesday of each month through theDial-A-Lawyer program. Attorneys take these calls 5:30 p.m.-7:30p.m., (617) 542-9103 or toll-free (800) 392-6164.

Publications: Parents AfterSeparation, Guidelines for Visitation; You, Your Marriage and theLaw; Public Services of the MBA; Tel-Law; Lawyer ReferralService; What Does a Lawyer Do?; What You Should Know AboutAttorney's Fees; and Your Pension...ItŐs Important..

Massachusetts Child Support EnforcementUnit
Department of Revenue
141 Portland St.
Cambridge, MA 02139-1937
Phone: (617)727-4200
Fax: (617)727-4367

Massachusetts Clearinghouse of MutualHelp Groups
Massachusetts Cooperative Extension
University of Massachusetts
113 Skinner Hall
Amherst, MA 01003
Phone: (413)545-2313
Warren Schumacher, Director

Massachusetts Department of PublicHealth
Registry of Vital Statistics and Research
150 Tremont St., Rm. B-3
Boston, MA 02111
Phone: (617)727-0036
Responds to public inquiries for birth, death, and marriagerecords dated from 1901 (state records). Charges search fee of$11 (includes one certified copy); charges $11 for additionalcopies. Divorces are indexed from 1952-1991. Divorce recordsfiled in county probate and family courts. Births, deaths, andmarriages dated from 1841-1900 are filed with State Archives, 220Morrissey Blvd., Boston, MA 02125, (617)727-2816. Fee is $3 percopy. For events prior to 1841, contact city or town clerk inmunicipality where event occurred.

Massachusetts Division of Banks
100 Cambridge St., Rm. 2004
Boston, MA 02202
Phone: (617)727-3120
Alan R. Morse Jr., Commnr.

Massachusetts Division of Insurance
470 Atlantic Ave.
Boston, MA 02210
Phone: (617)521-7777
Susan Scott, Commnr.

Massachusetts Divorce: A Consumer Guide
Wendy Sibbison
26 Beech St.
Greenfield, MA 01301
Wendy Sibbison. 1988. Revised edition.

Massachusetts Family Law Guidebook: AView from the Bench
Butterworth Legal Publishers
90 Stiles Rd.
Salem, NH 03079
Edward M. Ginsburg and Anita Wyzanski Robboy. 1992. 2nd edition.

The Massachusetts Woman's DivorceHandbook
Isabella Jancourtz
PO Box 743
Weston, MA 02193
Isabella Jancourtz. 1990. Revised edition.

Office of Child Support EnforcementRegional Representative (Massachusetts)
John F. Kennedy Federal Bldg., Rm. 2000
Government Center
Boston, MA 02203
Phone: (617)565-2455

Overcoming QDROphobia and Other PensionRelated Fears in Divorce Cases
Massachusetts Continuing Legal Education, Inc.
10 Winter Place
Boston, MA 02108
Ronald A. Witmer. 1991. Discusses pension related law andlegislation in Massachusetts. Also covers equitable distributionof marital property and divorce settlements in the United States.

Sexual Abuse Allegations in DivorceCases
Massachusetts Continuing Legal Education, Inc.
10 Winter St.
Boston, MA 02108
Massachusetts Continuing Legal Education, Inc. 1988. Discusseschild molesting, child custody, and divorce suits inMassachusetts and the United States.

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