In Massachusetts if my Spouse does not want to get a Divorce, can I still get a Divorce?
Yes. Even if your spouse says that the marriage is not over, the Court will grant the divorce upon your testimony that the marriage has irretrievable broken down. Your spouse can make the process longer but can’t ultimately keep you from getting a divorce.
My Spouse and I last lived together some time ago, and I do not know where my spouse presently resides, can I still get a Divorce?
Yes, you can. Again, there is a couple of other processes that you might need to do, including something that is called “A Summons by Publication”, listing it in a newspaper. Generally, in a divorce, you need to serve your spouse, but if you have no idea where your spouse is sometimes having that spouse served in a local newspaper from their last known address might be the remedy, but there are certain remedies that you can do.
My Spouse has been physically abusive, and I am concerned about safety for myself if I file for divorce. What options do I have?
You can get a restraining order from the Court that would prevent your spouse from contacting you or the children; and/or have restrictions on it. You can even get a Restraining Order depending on the circumstances on an emergency basis with an on-call Judge at night if need be. Otherwise, you would go to the Probate Court or sometimes District Court that you were looking to file your divorce in and write an Affidavit explaining why you need a Restraining Order.
I am concerned about my spouse’s substance abuse or alcohol problem and I am concerned about visitation or parenting of the children. What are some remedies?
The Court, if you file a Motion, or on their own, can ask the parties to submit to drug screens or alcohol screens that can check depending on what substances is being alleged for some time back if it is a hair follicle test or it can even have some alcohol testing as well.
In addition, there are other remedies as well that can address depending on the specific concerns.