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Free Guide to Hiring a Family Lawyer
Divorce and separation laws in New Bedford, Massachusetts, are designed to ensure a fair resolution to the end of a marriage. With these laws, property and assets are divided equitably, child custody is determined with the best interests of the child in mind, and support is granted when necessary. The Massachusetts law allows for both no-fault and fault-based divorces, meaning a divorce can be filed without a specific reason or due to reasons such as adultery, substance abuse, or abuse.
Navigating through the complexities of divorce and separation procedures can be challenging without the help of a legal professional. You may need a lawyer to understand your rights and obligations, to ensure the equitable division of assets and properties, to negotiate child custody, support and alimony, and to draft and review necessary legal documents. A divorce lawyer's expertise is crucial when things become contentious, or when complex issues such as high-value assets or business ownership are involved.
Divorce and separation laws in New Bedford follow the Massachusetts General Laws. Couples can file either a no-fault divorce, stating the marriage is irrevocably broken, or a fault divorce, pointing blame towards the other party. The division of assets works on an 'equitable' and not 'equal' basis, considering various factors like length of marriage, behaviour of parties, age and health condition, and each one’s contribution to assets. Child custody is determined prioritizing the best interests of the child and support obligations are calculated according to the Child Support Guidelines of Massachusetts.
In a separation, the couple lives apart but remains legally married. On the other hand, a divorce means the legal termination of a marriage. A separated couple may reconcile or proceed to divorce, while a divorced couple would need to remarry to legally reunite.
Child custody is determined based on the best interest of the child. This is influenced by factors such as the child's relationship with each parent, the parent's ability to provide, the child's age and health, and the stability of each parent's home environment.
Assets are divided on an 'equitable' basis. This means the court considers a variety of factors before dividing the property and assets, such as the length of the marriage, each spouse's contribution to marital property, the economic situation of each spouse, and conduct of the parties during the marriage.
Massachusetts allows for both no-fault and fault divorces. No-fault grounds state irretrievable breakdown of the marriage. Fault grounds can be adultery, impotency, desertion, substance abuse, cruel treatment, or other reasons defined in the law.
The duration of a divorce process can vary depending on the complexity of the case, the cooperation of both parties, and the backlog of the court’s schedule. However, typically, the process can take anywhere from several months to a few years.
People seeking legal advice on divorce can consult the Massachusetts Courts System website, the 'MassLegalHelp 'website for a wealth of legal resources, or the Bristol County Family and Probate Court for local divorce procedures. Further, they might seek help from non-profit organizations like South Coastal Counties Legal Services, offering free legal aid in certain situations.
If you need legal assistance in divorce or separation, consider consulting with a family law attorney who specializes in divorce and separation cases. Collect all relevant personal and financial documents and prepare a list of questions before your meeting. Moreover, consider any specific objectives you want from the divorce such as asset distribution, child custody, and support. Remember, taking steps to protect your interest can help ensure a fair outcome.
