Filing Divorce First Doesn't Matter in Massachusetts. The first person to file the application will choose the grounds for divorce or if he files for a no-fault divorce. The simple answer is that it makes no difference who files for divorce first. Judges in Massachusetts Probate and Family Courts don't care who files first.
For the most part, they don't even care why you're filing for divorce. Anyone who wants to divorce in Massachusetts has the right to obtain one regardless of the reason why. In Massachusetts, filing first shouldn't make a difference to the outcome of a divorce case. A female judge will take into account all the facts and circumstances in order to reach her decision on various issues.
The mere fact that the “petitioner” (the person applying first) is able to speak first during the proceedings is not likely to prejudice the conclusions and judgments of an experienced judge. If you suspect that your spouse will try to hide assets during the divorce, you must first file for divorce. And make sure you work with a divorce lawyer who is experienced enough to handle such manipulative movements on the part of your spouse. Sometimes, a spouse may be blind because of their partner's application for divorce.
However, more often, both spouses share the feeling that the relationship is broken and cannot be fixed. When it comes to that, does it matter who introduces it first? According to some financial and legal divorce consultants, it does. In Massachusetts, most married couples choose to file for divorce due to irretrievable breakdown of marriage. These reasons are popular because few couples want to disclose to the court the personal, unpleasant and often unpleasant matters of their marriage.
Courts must process many cases and guilt is not an important aspect of getting divorced in the state of Massachusetts. However, in some very rare cases, there may be a reason for a ground fault. One such situation would be the active participation of children. Another reason for failure that is frequently used is cruel and abusive treatment.
This usually happens when there have been incidents of extreme violence or abuse, or some other reason that would be considered cruel and abusive to the spouse. After filing your papers, your spouse has 30 days (if your spouse lives in Massachusetts), 60 days (if your spouse lives outside Massachusetts, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a complaint). You can change your name at any time through a separate court proceeding, even before a final divorce order. The biggest advantage you'll get by filing the divorce petition first is that you can file for a standing order from the court.
In addition, the fact that the spouses live in different counties in Massachusetts should not affect where the divorce case is heard (and therefore will not benefit the petitioner). You can get divorced in Massachusetts in a number of possible ways, but there are some basic things that are pretty much the same no matter what type of divorce you choose. The minimum amount of time for a divorce to be finalized is 90 days because that is the length of the legal waiting period. While it is possible to automate the online divorce process in Massachusetts to some extent, the truth of the matter is that there is no online divorce in the state.
Under Massachusetts law, you have the right to represent yourself in all legal cases, including divorce. An annulment is available in Massachusetts and, in some cases, can be obtained under the name of a divorce. For example, you cannot have lived in Massachusetts for six months before moving to Nebraska for another six months and then returned to Virginia to file for divorce. Since this state allows divorce due to “irreconcilable differences,” all your spouse needs to prove is that they can't live with you or don't love you anymore.
Divorce mediation is a process during which a couple asks a neutral mediator to help them reach an agreement on things like spousal support, child custody, property, and a parenting plan and schedule. In a fault divorce, the person filing for divorce (the plaintiff) must prove that the defendant has committed one or more acts that, by law, allow the divorce to proceed. Otherwise, you must file a complaint of amendment and convince the court that there has been a substantial change in circumstances since the publication of the original judgment. If you or a loved one is facing a divorce, let attorney Cynthia Hanley guide you through the divorce process.
Under every ground for absolute divorce, there is a provision for when you can file the lawsuit against your spouse in court. . .