Filing for Divorce in Boston? Key Issues to Address Before Starting the Process

Deciding to file for divorce is difficult, but this can happen after years of issues in your marriage. If you are thinking about filing, you have probably given it some thought. If you live in Boston, Massachusetts, can file a divorce petition as long as you have been a resident in the state for a minimum of one year. Also, filing can be done if the reason your marriage is ending happens within the state and both of you are living together here. You can learn more about your eligibility for divorce when you click here. 

Legally, your marriage will end once a judgment is made based on a valid reason for your divorce. Aside from dissolving your marriage, a family court judge will review relevant matters such as child custody and support, alimony, and property division before they finalize your divorce. 

Understanding Divorce-Related Terms

Before filing for divorce, understand relevant terms, so you can go through the process right or make smart decisions. For example, a divorce judgment and a separate support judgment are different terms. Such kinds of judgments can address child support and visitation, custody arrangements, and spousal support. But both kinds of judgments require different kinds of legal documents. 

Additionally, legal separation is a term that doesn’t apply in the state. But a couple can sign a separation agreement as a contract. Enforcing this agreement can be hard when not filed in court. Your divorce attorney can walk you through other legal terms associated with divorce.

Which Kind of Divorce Should You File?

Fault and no-fault divorces are available in Massachusetts. Also, couples can file for a contested or uncontested divorce. Your lawyer can help you pick the right kind of divorce to file based on your unique situation. 

If you file for a fault divorce, a spouse is responsible for the end of the marriage. The divorce petition must list at least one potential ground for the divorce. But most couples in the state prefer a no-fault divorce filing, which does not require a specific ground. 

In a contested divorce, a spouse is not willing to divorce or does not agree on the terms of the divorce. But if the spouses involved agree on all the terms, their divorce is considered uncontested. 

Divorce Costs in Boston

When you file for divorce, you pay more than just legal fees. For instance, a Probate and Family Court filing fee must be paid. Also, a fee will be charged by the local law enforcement authorities for serving court papers. Additionally, if you the court orders you to pay child support or alimony, this is another cost to consider. 

Common Divorce Issues that Must be Addressed

A lot of divorce cases are complicated and include different overlapping issues. A divorcing couple who has a child must work out custody arrangements that encompass visitation, financial support, and parenting responsibilities. If the spouses cannot work out the details collaboratively, a family law judge will determine the best custody arrangements based on what’s best for the child. 

Furthermore, asset division can be contentious in divorce cases. Real estate, bank accounts, vehicles, retirement accounts, pets, and furnishings are assets that need to be divided equitably between the spouses. If a spouse has debt incurred during the marriage, it also be split. 

Why Compromise?

Divorce does not always lead to clear winners and losers. There are a lot of issues to work through and both spouses should compromise and negotiate, so they can achieve their respective goals. Before you file for a divorce in Boston, make sure you have exhausted all avenues to work through the issues with your spouse such as counseling.