In Massachusetts What is a No-Fault Divorce?
There used to be that in a divorce you would have to prove that your soon to ex-spouse had done something wrong to be able to be granted the divorce. For example, adultery, abuse, insanity and things of that nature. It used to be difficult to get a divorce. Now there is a No-Fault Divorce; which means that one parent no longer wishes to be married to the other. You can still use fault grounds in Massachusetts, but No-Fault is what the vast majority of divorce are filed as. You can in division of marital assets or what’s in the best interest of the child, still get into the conduct of the other party if necessary.
In Massachusetts what is an Uncontested Divorce?
An Uncontested Divorce is a little bit different than a No-Fault Divorce. Uncontested means that there is no dispute about what is requested in the Joint Petition for Divorce and both parties not only agree to the Divorce, but the terms of the settling the case; including what is called a “Separation Agreement” that would be drafted dealing with such issues as child custody; child support; alimony or spousal support; division of marital assets; health insurance and more. If you have a full Agreement you would file a Joint Petition for Divorce and request an uncontested court date.
In Massachusetts What can I do if I cannot Locate my Spouse if I want to file a Divorce?
If you do not know the whereabouts of your spouse, you can still get a divorce. There are different steps that you will need to do in terms of notification. You can hire a private investigator or check with friends and/or relatives to see about where to get them served. If you have no luck, you can do a “Summons by Publication” where you pay money and you must have follow the court procedure to have the notice published of the divorce in a local newspaper about where your soon to be ex-spouse would like mostly to be.