Family Law

In Massachusetts, divorces can proceed on an uncontested no-fault basis, contested no-fault basis and less frequently on fault grounds.

A no-fault divorce is filed when the marriage is broken beyond repair, but neither spouse blames the other. It is said to have irretrievably broken down.

In a fault divorce, the spouse petitioning for the divorce must prove specific grounds or reasons for the divorce. These grounds are provided for by Massachusetts General Laws Chapter 208, Section 1 and include adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, impotency, and a prison sentence of five (5) or more years.

If you were not married in Massachusetts, you must be a resident of Massachusetts for at least one (1) year in order to file for divorce within the Commonwealth. 

"Divorce Nisi" is a term that refers to the interval of time between when a judge grants the divorce and when the divorce comes final. It is a waiting period to allow parties to change their minds and ensures that one party was not untruthful about their assets and other financial disclosures during the proceedings. Once the nisi period has expired, the divorce will become final automatically. 

For a joint, Section 1A divorce, the nisi period is 120 days from the date of judgment.

For a 1B divorce or fault divorce, the nisi period is 90 days from the date of the hearing following which judgment entered.

A prenuptial agreement is a written contract between two parties who intend to marry that memorializes any waiver of a martial right or obligation during the marriage or at separation or in the event of the death of a spouse. Prenuptial agreements are unique because they are agreements between prospective spouses made in contemplation of their upcoming marriage. Generally, prenuptial agreement negotiations provide an opportunity for prospective spouses to iron out the details of their marriage, particularly regarding their finances and asset ownership.

If a prenuptial agreement is not signed before marrying, then a postnuptial agreement can still be executed. A postnuptial agreement is similar to a prenuptial agreement except a postnuptial agreement is established after marriage rather than before.

Absent an executed prenuptial or postnuptial agreement, in the event of a death or divorce, all assets would be goverened by the laws of your jurisdiction. 

Guardianship is a legal process in which an individual is appointed by the Probate Court to care for an incapacitated adult or for a minor. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care. The person asking to be appointed guardian is called the petitioner, and the person believed to be incapacitated is called the respondent or incapacited person. There are limited guardianships, temporary guardianships, and full/plenary guardianships. 

Conservatorship is a legal process in which an individual is appointed by the Probate Court to protect the property and execute the business affairs of a person in need of protection. A conservator may be appointed for a person if they are unable to manage their business affairs effectively because of a diagnosed impairment that prevents them from being able to receive and evaluate information and communicate decisions. A conservator may also be appointed in the case of an individual not being able to return to the United States in cases where their property would be subject to waste or being dissipated. There are limited conservatorships, temporary conservatorships, and full/plenary conservatorships. 

The authority of guardians is limited to matters of a personal healthcare and medical decisions while a conservator's authority deals with financial matters.