If you have considered filing for divorce in Massachusetts, the first thing you need to know is that there are residency requirements that must be met. One of the spouses must be a resident of the state if the reason for the dissolution of the marriage occurred in Massachusetts. If the reason for the divorce happened elsewhere, the spouse filing for divorce must have lived in the state for at least one year prior to filing.
When it comes to the grounds that are considered acceptable for granting divorces, Massachusetts looks at the following causes: adultery, impotency, desertion for one year, drug addiction, abusive treatment, neglect, incarceration, or an irretrievable breakdown of the marriage. A Massachusetts divorce attorney will help you determine what to state on your petition.
If you wish to obtain legal separation from your spouse in lieu of divorce, the state will recognize your petition and the court may pass orders regarding the support and care of the spouse or any minor children. Courts may also revise a legal separation judgment based on circumstances of the spouse or children.
When determining who will obtain what property, Massachusetts is an equitable distribution state, meaning property that was acquired after the marriage will be divided evenly. However, the court will consider several factors, including the length of the marriage, age and health of the spouses, income of each spouse, and other aspects.
Child support and alimony are also tricky areas, and the court will evaluate several factors to see who qualifies. As far as child custody is concerned, either parent may be awarded custody as long as it is in the child’s best interest.
For more information on divorce rules, contact a divorce lawyer in Massachusetts today.
If you have considered filing for divorce and you live in Minnesota, consider hiring a divorce lawyer to make sure proceedings run as smoothly as possible. However, even with legal help, there are a few things to know before going through with proceedings.
Prior to filing for divorce in Minnesota, you should know that at least one spouse must be a resident of the state for a minimum of 180 days before filing. The divorce petition should be filed in either the county where the plaintiff lives or where the defendant resides. Grounds for divorce are simple: plaintiffs need only prove that there is an irretrievable breakdown of the relationship.
The same rules apply for legal separation in Minnesota. While it does not terminate the marriage, legal separation determines the rights and responsibilities of the couple. One or both spouses can petition for legal separation and if neither party contests, courts will grant the request.
As far as property goes, Minnesota is an equitable distribution state. Marital property and assets will be divided without regard to whose fault it was why the marriage dissolved. Factors that are considered include the length of the marriage, health and age of each spouse, income, and contribution of each spouse to the property.
When it comes to child custody and child support, matters can get a little more confusing. Custody will be awarded based on the best interest of the child and courts will consider the child and parent relationship, preference of the child, distance to the child’s school from the parent’s home, and other critical factors.
For more information on divorce proceedings in Minnesota or to obtain legal help, contact a Minnesota divorce attorney immediately to discuss your options and ensure the best possible outcome for your case.
Filing for divorce in Wisconsin isn’t always easy, and there a few rules to abide by. However, if you take the necessary steps to ensure all protocols are followed properly, you can ensure smooth proceedings will ensue.
Before any divorce papers can be filed, in order to obtain a divorce in Wisconsin, at least one of the spouses must be a resident of the state for six months and of the county in which they are filing for 30 days. No hearing will be scheduled until 120 days after the defendant is served a summons or after the couple files a joint petition.
The state also requires the cause of filing to be because there is an “irretrievable breakdown of the marriage.” Couples may prove this by filing a joint petition, living separately for 12 months prior to filing for divorce, or if the court finds that there is no chance for the couple to reconcile.
If the couple wants to file for legal separation, they must also prove the irretrievable breakdown of the marriage. The residency requirements for legal separation are also the same as for divorce.
In terms of property division, Wisconsin is considered a “community property” state, meaning all marital property should be divided evenly. Marital property consists of all the spouse’s property except that which was inherited or given as a gift.
Alimony, child support, and other money matters will be discussed in court. Either spouse may be ordered to pay maintenance to the other, without any proof of marital misconduct. The length of the marriage, property, earning capacity, and other factors will be taken into account.
If you have considered filing for divorce, to a divorce lawyer in Wisconsin to ensure your case runs smoothly and ends with the best possible outcome.