Massachusetts law about divorce

A compilation of laws, regulations, cases, and web sources on divorce law.

Best bet

Family Law Advocacy for Low and Moderate Income Litigants , 2d ed., 2008. Mass. Legal Services.
The online version of the book includes checklists, sample agreements, forms, and so much more. Despite the title, those in all income brackets will find it useful. It's the best online source.

Massachusetts laws

MGL c.208  Divorce

Court rules

Massachusetts Rules of Domestic Relations Procedure

Supplemental Rules of the Probate and Family Court 401-411

Probate and Family Court Standing Order 2-16: Parent Education Program Attendance

Selected Massachusetts cases

Ansin v. Craven-Ansin , 457 Mass. 283 (2010)
Post-Nuptial Agreements may be enforced. "[T]he judge should determine at a minimum whether (1) each party has had an opportunity to obtain separate legal counsel of each party's own choosing; (2) there was fraud or coercion in obtaining the agreement; (3) all assets were fully disclosed by both parties before the agreement was executed; (4) each spouse knowingly and explicitly agreed in writing to waive the right to a judicial equitable division of assets and all marital rights in the event of a divorce; and (5) the terms of the agreement are fair and reasonable at the time of execution and at the time of divorce."

Forms

Court forms

Checklist for Divorce Separation Agreements , Mass. Council on Family Mediation. A list of the many items to consider when drafting your separation agreement.

Sample separation agreements (see additional resources below)

Additional Resources

Web sources

General Information

Separation Agreements

Financial Statements and Other Financial Issues

Print Source

Financial Aspects of Divorce in Massachusetts , MCLE, loose-leaf

Harris, Susan. "Woof, woof, we're getting a divorce": pet custody and the law. v. 30 Issue 3 Massachusetts Family Law Journal 30 (May/June 2012)

Massachusetts Divorce Law Practice Manual , MCLE, loose-leaf

Military Families and Divorce , MCLE, 2011
Discusses the Servicemembers Civil Relief Act, custody, family support, and pensions

Last update: January 25, 2017

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