USA – MASSACHUSETTS LAW AND PRACTICE Contributed by: Steven E Gurdin, Barbara L Drury, Carlos A Maycotte, Stephen A MacKenzie and Kelly A Schwartz, Fitch Law Partners LLP
1. Divorce 1.1 Grounds, Timeline, Service and Process When considering the grounds for divorce, Mas - sachusetts first considers whether a person is seeking “fault” or “no fault” grounds for divorce. Either they are seeking to prove that the other party is at fault for ending the marriage (“fault”) or, much more commonly, that the marriage has irretrievably broken down with no hope of rec - onciliation (“no fault”). “Fault” grounds include adultery, desertion, impotency, gross and con - firmed habits of intoxication, cruel and abusive treatment, or non-support. In divorce matters, there is no distinction in the law between same-sex spouses and hetero - sexual spouses under state and federal law. For unwed partners in Massachusetts, civil partners can be registered as “domestic partnerships”. Should the couple seek to separate, they do not need to seek a divorce to terminate their partner - ship, but will instead need a termination form. To obtain a divorce in Massachusetts, one or both parties must file the requisite pleadings with the Probate and Family Court. Massachu - setts does not require a period of separation prior to filing. There are two tracks for filing for divorce: either both parties jointly seek a divorce (uncontested) or only one party seeks a divorce (contested). Both tracks require the parties to submit court forms that are listed on the Mas - sachusetts Probate and Family Court website as well as payment of a filing fee. For uncontested divorces, parties will need to submit a fully exe - cuted separation agreement, and the parties will immediately be given a hearing date to appear before a judge who will make a determination as to whether the agreement is fair and reasonable. Contested divorces are assigned to a 14-month
track; however, the length of a divorce varies widely from case to case. During the pendency of a contested divorce, the parties are required to attend what is called a pre-trial conference and at any time may request temporary orders until there is a final resolution, either with the entry of a judgment or with the filing of a duly executed separation agreement. Once a contested divorce is filed, the filing party will receive a summons from the Probate and Family Court. The filing party then has 90 days from the date on the summons in which to serve a copy of the complaint for divorce and sum - mons on the defendant. Service of the initial complaint for divorce must be made by a con - stable/sheriff, process server, or other individual authorised by law and must be delivered in hand to the defendant. The rules do permit alternate means of service if the defendant cannot be located. While religious marriages are recognised by the Commonwealth of Massachusetts (assuming the marriage is conducted by a religious organisa - tion that is licensed to do so through the State), a religious divorce is not. Massachusetts does not have “legal separation” but does permit married parties to file a com - plaint for separate support under Massachu - setts General Law, Chapter 209, Section 32 and requires that there be a “justifiable cause” for living apart. The statute provides parties a rem - edy to secure spousal support (ie, alimony and health insurance), child support, or child custody while remaining married. In order to obtain an annulment, the court requires either party to file a complaint for annul - ment and the plaintiff must specify the basis for
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