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Can I Get Divorced in Massachusetts if I Got Married in Another State?

Getting married is a significant milestone in anyone's life. However, not all marriages last forever, and sometimes divorce is the only option. If you got married in another state and are now living in Massachusetts, you may be wondering if you can get divorced in Massachusetts. The answer is yes, but there are some things you need to know.

Residency Requirements

To file for divorce in Massachusetts, you or your spouse must have lived in the state for at least one year before filing. If you meet this requirement, you can file for divorce in Massachusetts, even if you got married in another state.

Grounds for Divorce

Massachusetts is a no-fault divorce state, which means that you do not need to prove that your spouse did something wrong to get a divorce. Instead, you can file for divorce based on irreconcilable differences, which means that your marriage has broken down and cannot be repaired.

Property Division

Massachusetts is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally. Marital property includes any property that you and your spouse acquired during your marriage, regardless of whose name is on the title. This includes real estate, bank accounts, retirement accounts, and personal property.

Child Custody and Support

If you have children, the court will determine custody and support based on the best interests of the child. The court will consider factors such as the child's age, health, and relationship with each parent. Child support is calculated based on the income of both parents and the needs of the child.

Conclusion

If you got married in another state and are now living in Massachusetts, you can get divorced in Massachusetts as long as you meet the residency requirements. Massachusetts is a no-fault divorce state, and marital property is divided fairly but not necessarily equally. Child custody and support are determined based on the best interests of the child. If you are considering divorce, it is essential to consult with an experienced divorce attorney who can guide you through the process and protect your rights.

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