A Massachusetts Complaint for Divorce is a legal document filed with the court when one spouse seeks to end a marriage. It is a civil action in which the court will grant a divorce to the party filing the complaint. The Complaint outlines the grounds for the divorce and the relief requested by the filing party. There are two types of Massachusetts Complaint for Divorce: one-year complaint and no-fault complaint. The one-year complaint is used when the parties have been separated for one year or longer. It requires that the plaintiff prove to the court the grounds for the divorce, such as adultery, cruel and abusive treatment, or desertion. The no-fault complaint can be used when the parties have been living apart for six months or longer. It does not require the plaintiff to prove any grounds for the divorce. Both types of Complaints must be filed with the court in the county where the defendant resides.
Massachusetts Complaint For Divorce
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How to fill out Massachusetts Complaint For Divorce?
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How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.
If you don't file an answer and don't go to court, the court may give the relief requested by the plaintiff. Make sure the answer form is the correct one for the complaint. For example, if the complaint is a Complaint for Divorce, make sure you complete the Answer to Complaint for Divorce.
What is the Fastest Way to Get a Divorce in Massachusetts? File both a separation agreement and a 1A or uncontested divorce simultaneously.
Abandonment or desertion provides grounds for a fault-based divorce if a spouse left voluntarily, without good reason or an intent to return, and without the other spouse's consent. A spouse must be out of the home for a year or more before the other spouse can file for divorce on grounds of desertion.
In Massachusetts, a divorce can be filed as ?no-fault? or ?fault,? and either of these can be contested or uncontested. Before you file, you'll need to choose the type that's right for you.
When a spouse doesn't respond to a divorce petition, the court can proceed with a divorce without his or her response. Typically, the person who filed for divorce will need to submit additional paperwork to the court including a request for a default divorce.
What Are the Requirements for 1A Divorce in Massachusetts? In order to file for an uncontested divorce in Massachusetts, you must agree with your spouse on the no-fault reason your marriage is ending, meet the state's residency requirement, and have an agreement with your spouse on the issues in your divorce.
The first requirement to get a divorce is to have grounds for it. It is not necessary for both spouses to want the divorce. Massachusetts recognizes both fault and no-fault grounds for divorce. If you are using a fault ground for your divorce you must prove it for the divorce to be granted.