Legal Question in Family Law in Massachusetts
considering divorce
Here's the situation.
Married 25 years, 2 kids at home, 14 + 20. Separated in Aug, 2005 when I meet someone. Am living with that person, wife is aware. Wife works, but one medical leave since separation.
Want to end marriage, and have joint custody.
What if wife doesn't want divorce?
Does length of separation have any impact on divorce?
If so, do I need to prove date ?
Do I need to disclose new address or does po suffice ?
If I sue for ''irrecon diff'', can wife countersue ?
impact on my friend?
What can I do to protect myself financially in meantime?
What can expect for div of assets?
How to start process?
What paperwork do I need to provide?
If wife countersues, what does it mean for ''friend''?
2 Answers from Attorneys
Re: considering divorce
No one can force you to stay married and "irreconcilable differences" is a basis for divorce. The only custody question is for your 14 year old; there may be a child support issue for your 20 year old if he/she is a full time student. Please contact me if you wish to discuss the specifics of your case. 978.250.4255
Re: considering divorce
Response to your questions as follows:
1. File a Complaint for Divorce (basis for complaint "irrecon. diff.")(cost 220.00, this includes, summons to be served by sheriff/constable (when you receive back from the court after filing complaint) and first-class mail; you will also need to file a certified marriage certificate with your complaint, and because you have children, you will need to file an affidavit disclosing care and custody with your complaint.
2. Length of marriage does have an impact on divorce as to assets, retirement, etc., etc.; being separated for one year vs. your long term marriage will not have much of an impact, if any. (alimony may even be consider depending on both parties station in life, etc.)
3. Yes, you will not only need to disclose your address to the court you and your estranged wife will have to disclose all financial - the court will probably allow you to not have to disclose address to your wife, but you will have to let them know that you do not want your address disclosed to her.
4. Your wife will have to answer your complaint and she may file a counter-complaint, but in family law it is not considered suing, that is a whole different kind of lawsuit.
5. Also, in Massachusetts if your 20 year old daughter is still at home and attending college you could be responsible for her as well as the 14 year old, until the age of 23-24 years of age.
You should consider consulting a family law attorney. If you are interested my initial consultation is free. My email address is [email protected] and my number is available on this site.