The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint For Divorce, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances.
Massachusetts Complaint For Divorce - CD-J-101
State:
Massachusetts
Control #:
MA-10
Format:
PDF
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How to fill out Massachusetts Complaint For Divorce - CD-J-101?
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FAQ
In Massachusetts, a judge will divide marital property equitably (fairly), but not necessarily equally.It doesn't include any separate property, which is all income, property, and assets owned by a spouse before the marriage. Separate property won't be divided between the spouses in a divorce.
If a court, rather than the couple themselves, is deciding how to divide assets, Massachusetts law (Chapter 208, Section 34) specifies that the court may assign to either husband or wife all or any part of the estate of the other. In other words, the court can take all the property of one spouse, even premarital, and
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Everything is split 50/50Massachusetts is an equitable division state. It means that at the time of divorce, judges look to see how to split property equitably.
What are Massachusetts' separation requirements? Massachusetts does not have legal separation. You do not need court permission to live away from your spouse. Separation agreements often occur before a divorce to set out terms for child custody, the division of debts and property, and what to do with the family home.
In Massachusetts, a divorce can be filed as no-fault or fault, and either of these can be contested or uncontested.
You can file for divorce in the Probate and Family Court in the county where you live or in the Probate and Family Court in the county where your spouse lives. However, if your spouse still lives in the county where you last lived together, you have to file for divorce in the Probate and Family Court in that county.
In Massachusetts, an individual must wait for the so called Nisi Period of between 90 and 120 days before their divorce becomes final (also known as becoming Absolute), despite both parties appearing at a hearing before a Probate and Family Court judge and entering a binding Separation Agreement.
In Massachusetts, filing first should not make a difference to the outcome of a divorce case.In Massachusetts, the case is heard in the county where the spouses last resided. If there is hardship or inconvenience to any party, the court may transfer venue to the fairest and most convenient county for both parties.