1. What is a divorce?
A divorce is a court judgment ending a marriage. The court requires a "legal reason" for the divorce. Grounds or reasons for a divorce are discussed starting at question 13. In addition to legally ending your marriage, the court looks at other issues which need to be decided before the divorce is finalized.
2. Is divorce my only option?
No. Married couples may choose to live apart from each other, but remain married, for religious reasons, financial reasons, or for the sake of the children. You may decide to seek a Separate Support Order or a Complaint for Custody.
3. What is the difference between divorce and separate support or a complaint for custody?
The main difference is that a
judgment of divorce ends the
marriage; a judgment of separate
support or custody does not.
Although there are differences
between them, a separate support
order or complaint for custody
can address the same issues as a
divorce, for example, custody,
visitation, child support,
alimony and division of
property.
4. What is legal separation?
There is no "legal separation" in Massachusetts. We do have "separate support cases," and "separation agreements." A "separate support" case covers most of the issues separating couples need to think about but does not end the marriage. A "separation agreement" is a written agreement signed by the husband and wife.
If you complete a "Separation Agreement" (discussed in more detail in question 8) without filing it with the court, it is nothing more than a contract between you and your spouse. While it may not be a bad idea to have a contract, it may be difficult to enforce; therefore, you probably will want to file your agreement with the court.
5. What issues are settled in a divorce case or separate support case?
Some of the issues that need
to be decided in a divorce
judgment are:
the grounds (legal reason) for
the divorce
- custody of children
- support of children
- visitation with the children
- division of assets (for example, pensions, bank accounts or stocks)
- alimony (or support for the spouse)
- division of personal property (for example, car or furniture)
- what will happen to any real estate
- who gets to live in the marital home
- division of debts (for example, credit cards or electric bills)
- name change
- possibly, an order for protection from abuse.
If these issues are not resolved by agreement of the parties, the judge decides the issues. You get a chance to present evidence that helps her decide.
6. When should I consult a lawyer?
You should speak with an attorney for advice and more information on the differences between divorce, separate support, a complaint for support or a complaint for custody. You may decide to have a written "Separation Agreement" between you and your spouse detailing the decisions and arrangements you have made while you are living apart.
Annulment
Annulments "undo" a marriage by treating the couple as if no marriage had ever occurred. If one party was not legally able to enter a marriage because, for example, they were already married to someone else, the marriage is "void" from the beginning. If there is some other reason why the marriage should not be recognized, such as fraud, then the marriage is "voidable." Annulments are rarely granted by the courts and should only be sought when the facts clearly show that the marriage is invalid.
