How long is a marriage? It’s a seemingly straightforward question, but divorce and alimony laws over the years, and the complexities created by overuse of the courts, have complicated the issue. The Balistreri case , which came down from the Massachusetts Appeals Court on June 29, 2018, clarifies the question somewhat. The alimony statute defines the length of a marriage as “the number of months from the date of the legal marriage to the date of service of a complaint or petition for divorce or separate support.” M.G.L. c. 208 §48 . Balistreri addresses situations where there may be more than one complaint for divorce or separate support floating around. This may be because of hastiness to go to court before other options have been explored, which then lead to a resolution of an issue, so that the complaint is abandoned and does not result in a judgment. It may also be because parties may first file a complaint for separate support before following through with a complaint for div...

Post by Valerie Qian . We’ve all been feeling a lot of anxiety and uncertainty during this election season. Amidst this uncertainty, the Probate and Family Court has issued two new forms to make the beginning of a Massachusetts divorce case, at least, a little bit less uncertain. Effective immediately, parties who are served with or accept summons on a Complaint for Divorce can respond on the court’s new Answer and Counterclaim forms. The Divorce Process Options in Massachusetts: In Massachusetts parties can file a Joint Petition for Divorce or a Complaint for Divorce.  We encourage couples to first consider Mediation and Collaborative options, which typically lead to a Joint Petition filing.  However, sometimes there are emergency issues or protective issues that require the filing of a Complaint for Divorce to get a court process started.  Or, as we see too often, someone who wasn't informed about their other options files a Complaint because they believe th...

Taking the course is a prerequisite for getting divorced in MA. As of May 1st, 2016 Massachusetts has announced and ordered new changes to the Parenting Education programs for all divorce cases that involve minor children ( Standing Order 2-16 ). The court  has ordered that all parties in a divorce action must register with an approved program within thirty days of service of a Complaint for Divorce and prior to the hearing on a Joint Petition for Divorce. ( a list of the approved programs can be found here ) Once registered parties must file the " Affidavit Confirming Registration at Parent Education Program ."  This is a new form and timeline, but the programs themselves are not new. This is not a program that teaches people how to parent their children, but rather a program designed to help divorcing parents understand what the challenges their children will face because of the divorce.  It is ideal that the program be taken as soon after the parties decide t...

There is no one-size fits all divorce process and for that reason there are a number of different ways to start a divorce in Massachusetts.  This means that you have options!   Unfortunately, that is not the same message you will hear from everyone, because who you ask this question to makes a difference in the answers you will receive. Most cases settle, even when they start in litigation.   So why do more people start with litigation? You may have heard the story about the woman with back pain who asks her doctor what she should do.  The doctor prescribes pain medication and exercise.  She wants a second opinion so she visits a surgeon, and the surgeon recommends surgery.  She's not ready for surgery so she seeks a third opinion from a chiropractor who tells her that all she needs is regular adjustments.  Finally, when she complains to her therapist about not knowing what to do with these differing opinions, her therapist tells her the pain i...

There are many resources available to help you answer the question "How do I Start the Divorce Process?"  Unfortunately, many of them only tell you part of the story.  This three part blog series will explore why that is and make an effort to gather all of the information in one place.  In Part one we provide you with our answer to this question.  In Part two we explore some of the other answers you might receive to this question and explain why they are incomplete.  In Part three we provide a more complete answer with an in-depth summary of each divorce process option. How do I Start the Divorce Process? Divorce is a legal, financial and emotional process for ending a marriage.  In Massachusetts the legal portion of the divorce is either contested or uncontested.  “Uncontested” means that you both agree to the divorce and have reached a full agreement on all legal and financial issues.  An uncontested divorce can be filed in Massachuset...

UPDATE:  The changes proposed in this post were adopted on June 25, 2013 and became effective August 1, 2013. Massachusetts Supplemental Probate and Family Court Rule 412 currently allows for the filing of a Joint Petition for Modification of Child Support when two parents agree that the child support figure should be amended.  Often when there has been a material change in circumstances , two parents can agree that the child support should change to reflect the new circumstances.  If the new agreement can be reduced to a writing, then it can be submitted to the court with a Joint Petition under Rule 412, and the court may approve it without requiring a hearing (although the court may schedule a hearing if they have questions about the agreement). The obvious benefit to this joint petition process is avoiding the cost and stress of unnecessary trips to court when an agreement is reached between the parties.  When parties can't agree on whether chi...