A men's guide to divorce in Massachusetts includes issues of alimony, child custody and child support. Massachusetts laws allow for marital dissolution based on several causes including adultery, desertion, alcoholism, drug use, domestic abuse, or a failure to provide suitable support and maintenance for the other spouse. Divorce can also be based on an assertion of irretrievable breakdown.
Chapter 208: Section 1. General provisions
A divorce may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage.
Chapter 208: Section 12. Spouse’s property; attachment
In a divorce action, the real and personal property of the other spouse may be attached to secure suitable support and maintenance to the plaintiff and any minor children.
Chapter 208: Section 28. Children; care, custody and maintenance; child support obligations
Upon a judgment for divorce, the court may make an expedient judgment as to the care, custody and maintenance of the minor children of the parties and may determine with which of the parents the children or any of them shall remain or may award their custody to some third person if it seems expedient or for the benefit of the children. In determining the amount of the child support obligation or in approving the agreement of the parties, the court will apply the child support guidelines promulgated by the chief justice for administration and management.
Chapter 208: Section 34. Alimony or assignment of estate; determination of amount; health insurance
Either party may be obligated by the court to pay alimony. In lieu of alimony, the court may assign to either husband or wife part of the estate of the other. This assignment may include all vested and non-vested benefits, rights and funds accrued during the marriage and which shall include, but not be limited to, retirement benefits, military retirement benefits if qualified under and to the extent provided by federal law, pension, profit-sharing, annuity, deferred compensation and insurance.
In determining alimony or the value of property to be assigned, the court, upon witness testimony, considers the length of the marriage, the the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.
Chapter 208: Section 31. Custody of children; shared custody plans
Absent any misconduct, both parents will be treated equally by the court. The court considers the happiness and welfare of the child when determining custody, which can be "sole legal", "shared legal", "sole physical" and "shared physical." When considering the happiness and welfare of the child, the court considers whether or not the child’s present or past living conditions adversely affect his or her physical, mental, moral or emotional health.
Absent emergency conditions, abuse or neglect, both parents will have temporary shared legal custody of any minor child(ren); however the judge may enter an order for temporary sole legal custody for one parent if written findings show that shared custody would not be in the best interest of the child.
Talk with an Attorney
If you are a husband and/or father facing divorce in Massachusetts, issues of alimony and child support will be determined by the court, absent any prior marital agreement. Talk with an attorney to discuss the details of your case.
