At Swanson & Moors, LLC, Brockton Divorce lawyer Kelli S. Moors focuses her practice in the area of divorce and family law. Attorney Moors provides practical yet compassionate advice and advocacy to assist clients undergoing both contested and uncontested divorce. From simple, no asset cases to more complex high asset and child custody cases, Attorney Moors has extensive experience in the family law practice and can assist her clients in making informed decisions about their cases, their family and their lives.
HELP WITH CONTESTED DIVORCE IN PLYMOUTH, BRISTOL, BARNSTABLE and norfolk COUNTY MASSACHUSETTS
In Massachusetts, a Divorce can be filed as No-Fault Divorce or a Fault Based Divorce. When filing a complaint for divorce, the grounds for divorce is usually alleged as an irretrievable breakdown of the marriage.
Although there are other grounds for divorce, such as cruel and abusive treatment, irretrievable breakdown of the marriage is most common ground for divorce alleged in the complaint. Grounds for Divorce could be
3. Utter desertion continued for one year next prior to the filing of the complaint;
4. Gross and confirmed habits of intoxication;
5. Excessive use of intoxicating liquor, opium, or other drugs;
6. Cruel and abusive treatment, or, if a spouse being of sufficient ability;
A No-Fault Divorce can be filed as an Uncontested Divorce pursuant to Massachusetts General Law ch. 208 sec. 1A. Once the Separation Agreement is approved by the Court, the Divorce becomes final 120 days after the Divorce Hearing.
A Contested Divorce requires a six month waiting period before the action can be scheduled for Pre Trial conference. However, the matter can be amended to an Uncontested Divorce at any time if the parties reach a full agreement on all of the issues.
In order for the Divorce to be filed in Massachusetts, one of the following must occur:
The Plaintiff (the filing party) must have lived in the Commonwealth for at least one year preceding the commencement of the action;
Parties have lived together as husband and wife in the Commonwealth and one of them lived in this commonwealth at the time when the cause of the Divorce occurred;
The Plaintiff resided in the Commonwealth at the time of the commencement of the action and the cause occurred within the Commonwealth.
All action for Divorce are heard in the Probate & Family Court in the county where one of the parties lives, except that if either party still resides in the county where the parties last lived together, the action shall be heard and determined in a court that county.
After the Defendant has been served with the Complaint for Divorce, Motions can be marked up for hearing. Most commonly, a Motion for Temporary Orders will be filed to determine, on a temporary basis, custody and visitation of the minor children, child support, alimony, maintenance of health insurance, use and occupancy of the marital home and the payment of debt and medical expenses.
Parent Education Classes
Divorcing parent in Massachusetts are required to submit to a Parent’s Education Class prior to the finalization of their Divorce. Failure of one or both of the parties to submit to the course could result in the denial of a Modification of child related issues in the future.
For current and former military members as well as their spouses, handling military divorces focused on military retirement and child custody and visitation plans are a large part of Attorney Moors practice. Attorney Moors is a Veteran but she was also a military spouse prior to her husband retiring from the Army. She has helped men and women serving this county around the globe and she understand the unique concerns of service members and their spouses.
Let Swanson & Moors, LLC Help You Today
If you are contemplating divorce, you can’t afford to pass up a free consultation with an experienced attorney. Contact Swanson & Moors, LLC today.
Swanson & Moors, LLC services all of Plymouth County, Bristol County, Norfolk County, and Barnstable County.