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
or, in the case of child support, by way of regis - tration pursuant to Massachusetts General Law, Chapter 209D, which is Massachusetts’ statu - tory equivalent of the Uniform Interstate Family Support Act (UIFSA). 2.2 Service and Process In order to properly effectuate service of pro - cess in any action commenced in a Massachu - setts Probate and Family Court, service of the complaint initiating the action and the summons that is issued by the court upon the filing of said complaint must be made upon the defendant to the action. Pursuant to Mass R Dom Rel P (4)(a), the plain - tiff initiating an action must serve the defendant by delivering the complaint and the summons issued by the court upon the filing of the com - plaint to a person duly authorised to serve pro - cess (ie, a sheriff/constable). Pursuant to the Probate and Family Court’s Standing Order 1-06 regarding the time stand - ard for matters filed in the Probate and Family Court Department, at filing, all Probate and Fam - ily Court matters regarding complaints for sep - arate support are assigned to an eight-month track – with the goal of disposition within the aforementioned track designation. 2.3 Division of Assets Equitable division, not equal division, is the standard in Massachusetts for how marital prop - erty is divided between spouses in a divorce. Marital property comprises all assets held by either party at the time of divorce, whether titled jointly or individually, and regardless of when obtained. Unlike some other states, Massachu - setts does not automatically designate certain property, such as premarital assets or inherit - ance, as belonging to one spouse or the other.
To determine an equitable division of marital property, the Massachusetts Probate and Fam - ily Court will weigh a variety of factors. Pursuant to statute, Massachusetts General Law, Chapter 208, Section 34, the court is required to consider certain factors when making a determination as
to equitable division, including: • length of the parties’ marriage; • each party’s conduct; • each party’s age;
• each party’s health; • each party’s station; • each party’s occupation; • each party’s income; • each party’s employability and vocational skills; • each party’s estate; • each party’s liabilities; • each party’s needs; • each party’s opportunity to acquire capital assets and income in the future; • any alimony award; and • the needs of the parties’ children. Pursuant to the same statute, courts may, but are not required to, consider each party’s contri - butions to homemaking and their estates. At the outset of a divorce, each party must make certain financial disclosures. Supplemen - tal Probate and Family Court Rule 410 sets forth numerous documents that must be exchanged between the parties, including income tax returns, pay stubs, bank and brokerage account statements, and loan applications. Supplemen - tal Probate and Family Court Rule 401 also requires the parties to exchange financial state - ments using a court-prescribed form that sets forth each party’s income, assets, debts, and expenses.
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