After 30+ years marriage with a cheating spouse, i want a divorce. we own property, he is retired ,i work pt, i want divorce

Asked about 2 years ago - West Springfield, MA

what do i need to do to get the paperwork started? he had a child(15yrs old now)during our marriage,is paying support ,is retired, and still cheating, same line for years,"i love you"i have forgiven many times but i am just tired of this one sided marriage.

Attorney answers (6)

  1. Thomas J Callahan

    Contributor Level 18

    6

    Lawyers agree

    Answered . Yes, speak to a divorce attorney in your area. The employees at the courthouse can give very limited help with forms, but can not advise you about what you can pursue and not pursue. Call the Hampden County Bar Association, they may have a lawyer referral service if you need help finding someone, and the Massachusetts Bar Association certainly has such a service. Good luck.

  2. Michael Rodney St Louis Esq.

    Contributor Level 6

    4

    Lawyers agree

    Answered . How to obtain a divorce in Massachusetts

    To obtain a divorce in Massachusetts, one party to a valid marriage files a "Complaint For Divorce." The Complaint is filed in the County where the parties last lived as husband and wife (if one party still resides in that County.) (If the "cause of action" occurred outside Massachusetts, there is a one-year residency requirement before the now Massachusetts resident can file for a Divorce.) In the past, there had to be a fault upon which to base the Complaint. Today, there is the "irretrievable breakdown" cause of action, also known as the "no fault" divorce. In the "no fault" situation, one party to the marriage can file the Complaint (pursuant to G. L. ch. 208 section 1B); or, the parties together can file a Joint Petition (pursuant to G. L. ch. 208 section 1A). See FAQ about divorce in Massachusetts.

    Most divorcing parties choose to file for a "no fault" divorce. There are procedural differences between the two "no fault" situations . When a joint petition is filed, the parties must be prepared to file the written "Separation Agreement" within 30 days. This can be a difficult requirement. On the other hand, when one party files the Complaint, there is a statutory waiting period of six months before the Court will have a Divorce hearing. In my experience, it is best to have one party file the Complaint and then work diligently on the terms of the "Separation Agreement" while the statutory clock ticks away. If the parties have been able to come to terms before that six month time period, the Complaint can be amended to a Joint Petition. "No fault" does not mean "uncontested."

    What is Required to file for divorce?

    •Marriage Certificate;
    •Complaint or Petition;
    •Summons or Return of Service;
    •Form R 408 Statistical Form;
    •Financial Statement from both parties; and
    •Certificate of attendance at a Parent Education Program (if there are minor children).

    In addition to the documents above which are part of the record of the case, the Rules of Domestic Relations Procedure require mandatory self disclosure of a whole host of financial records. (See Supplemental Rule 410 below) Also, the filing of the Complaint for Divorce effectuates an automatic restraining order requiring both parties to preserve marital assets. Failure to abide by the restraining order may be deemed a contempt of Court.

    Visit us at www.bostonsbestlawyer.com or call (781) 816-3950 for a free consultation. We handle Criminal... more
  3. Karen M Duffy

    Contributor Level 10

    3

    Lawyers agree

    Answered . You need to speak with a lawyer as soon as possible. You have the ability to hire a lawyer to just prepare your divorce paperwork or to handle your entire case. Regardless of which avenue you decide to follow, its important to remember that your happiness is essential.

  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . After 30 years you need a lawyer. There's is too much to divide. Protect your future by arming yourself with legal representation.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  5. Henry Lebensbaum

    Contributor Level 20

    2

    Lawyers agree

    Answered . File for divorce in the county in which you live.


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  6. Robert Ricci

    Contributor Level 18

    3

    Lawyers agree

    Answered . Consult with a local divorce attorney who can explain to you all of your rights.

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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