Lowell Massachusetts Complaint for Divorce under G.L. c.208, Section 1B

State:
Massachusetts
City:
Lowell
Control #:
MA-CJ-D-101B
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PDF
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This is an official form from the Massachusetts Court System, which complies with all applicable laws and statutes. USLF amends and updates these forms as is required by Massachusetts statutes and law.

Lowell Massachusetts Complaint for Divorce under G.L. c.208, Section 1B is a legal document used to initiate the divorce process in Lowell, Massachusetts. This complaint is filed by one spouse (the plaintiff) against the other spouse (the defendant) and provides the court with detailed information regarding the grounds for divorce and various other relevant aspects. Keywords: Lowell Massachusetts, Complaint for Divorce, G.L. c.208, Section 1B, legal document, divorce process. The Lowell Massachusetts Complaint for Divorce under G.L. c.208, Section 1B is tailored to address the specific requirements of the state's divorce laws. Section 1B provides a "no-fault" grounds for divorce, meaning neither party is solely responsible for the breakdown of the marriage. It allows couples to dissolve their marriage by asserting "irretrievable breakdown" as the grounds for divorce. The necessary information to include in the Complaint for Divorce typically covers the following: 1. Basic Party Information: The complaint should clearly state the full legal names, addresses, contact information, and relevant identification details of both the plaintiff and the defendant. This information helps in properly identifying the parties involved. 2. Grounds for Divorce: Within the complaint, the plaintiff must assert "irretrievable breakdown" as the grounds for divorce, as per G.L. c.208, Section 1B. This means that the marriage has suffered an irreversible breakdown and that there is no chance of reconciliation. 3. Identification of Minor Children: If there are minor children involved, the complaint should provide details about their names, dates of birth, addresses, and indicate whether any previous court actions involving custody or child support have taken place. 4. Division of Assets and Debts: The complaint should outline how the plaintiff requests the division of marital assets and debts. This includes property, financial accounts, vehicles, and other valuable items. Spousal support (also known as alimony) can also be addressed in this section, if applicable. 5. Child Custody and Support: If there are minor children, the complaint should detail the plaintiff's desired custody arrangement and parenting plan. Additionally, it should address child support, including the amount requested and the basis for such calculation, following Massachusetts child support guidelines. It is important to note that there may be variations in the content and structure of the Complaint for Divorce depending on the circumstances of the case and the specific requirements of the court where the complaint is filed. Therefore, it is advisable to consult an experienced family law attorney or use court-approved forms to ensure compliance with all necessary procedures and documentation. In conclusion, the Lowell Massachusetts Complaint for Divorce under G.L. c.208, Section 1B is a critical legal document that initiates the divorce process in Lowell, Massachusetts. It outlines the grounds for divorce, division of assets and debts, child custody and support arrangements, and other essential aspects necessary for the court to proceed with the dissolution of the marriage.

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FAQ

Filing first for divorce does not matter in Massachusetts. The first person to file will choose the grounds for divorce or whether to file a no fault divorce.

The divorce is finalized 120 days after the judgment date. The court will set a hearing date after all paperwork has been filed. Both spouses must attend the hearing unless the court has accepted an attendance waiver for one spouse.

As long as the desire to seek a divorce is mutual, then you can seek a divorce as long as you have proof that you have been separated from each other physically for at least 18 months.

The Probate and Family Court Department has jurisdiction over family-related and probate matters, such as divorce, paternity, child support, custody, parenting time, adoption, ending parental rights, abuse prevention, wills, estates, trusts, guardianships, conservatorships, and name changes.

The divorce is finalized 90 days after the judgment date. A hearing can't be scheduled any sooner than 6 months from the filing date unless the court has granted a waiver. The judge will either accept, reject, or amend the separation agreement at the hearing.

This is an uncontested no-fault divorce. File a ?1B? divorce when one spouse believes there is an irretrievable breakdown of the marriage or both spouses believe the marriage has ended but they aren't in agreement about custody, support, or marital property issues. This is a contested no-fault divorce.

To serve the documents you would hire a Sheriff or a Constable and give them the paperwork to serve your spouse. After the documents are served on your spouse, you get something called a Return of Service which is confirmation that the Sheriff or Constable had served the spouse.

Uncontested divorces involve the filing of a joint complaint as well as a complete separation agreement and are by far the quickest way to obtain a divorce. A contested case involves one party filing for divorce and serving the other party with the complaint.

No-fault divorces can be accomplished either by filing jointly (known as a ?1A? divorce) or unilaterally, by one of the parties (a ?1B? divorce). In a 1B divorce, the petitioner must only show that the marriage is irretrievably broken, meaning that there is no chance of reconciliation.

There is one probate and family court in each county in Massachusetts with some having additional satellite court houses.

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208, § 34B, although hearings under G. L. c. Approved program in the county in which the original divorce brought under Ch. 208 sec.Judgment of Divorce Nisi on the grounds of irretrievable breakdown of the marriage should be entered. Because the former is allowed under G.L. c. 208, 1A and the latter under G.L. c. The Complaint is on file at the Court. EXHIBIT 5C—Affidavit in Support of Complaint for Divorce: Irretrievable Breakdown of the Marriage, G.L. c. In the Matter of the Proceeding. Pursuant to Section 44, subdivision 4, ofthe Judiciary Law in Relation to. 1b.. The complaint is on.

The respondent has moved to dismiss it on the ground that it is frivolous under G. L. c. 208, 1A, the grounds of which have been set out and will be discussed at some length below. A motion under G. L. c. 208, 1B, for a dismissal of a complaint is considered to be a motion to set aside, or remand, a certified copy. 1 “Cited. N.Y. Legal Aid, n. d. § 32-a, et seq.(2) (1954). 5A, 2. 2D, 6, 7, 8. 9, 10, 13, 14. 15, 17. 22, 23. 26. 27A. 36A. n. d. (1953). 38. N.Y. Civil Liberties Law & Practice, n. d. n. d. 18. G.L. c. 208, 1A. 19. G. L. c. 208, 1B. 20. G. L. c. 208, 1C. 1C Note, Ch. 47, Section 24—COURT JUDGE. In the following comments, two facts need not appear in all of them. 1) This case is within subdivision 5 of subdivision 1 of subdivision 2 of section 4 of the Judicial Law.

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Lowell Massachusetts Complaint for Divorce under G.L. c.208, Section 1B