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Divorce
Under the law of Massachusetts you may file a divorce complaint as a contested divorce on the basis of fault of the other party, (for instance, adultery or cruel and abusive treatment, or on the ground of irretrievable breakdown of the marriage. If you proceed with a contested divorce, the Court cannot enter a Judgment of Divorce for at least six months after the filing of the complaint. Moreover, as a practical matter, due to the considerable volume of cases pending in the Probate and Family Courts, it is likely that resolution of a contested divorce case will take well in excess of six months. AS an alternative procedure, you and your spouse may file for an uncontested divorce by filing a Joint Petition for Divorce. To do so, you and your spouse must first reach an understanding on all relevant issues, (for example, the division of property, co-parenting arrangements, and extent to which, if any, child support or alimony shall be paid by one party) and have executed a comprehensive written agreement incorporating all of the terms. When the case is uncontested, there is no minimum amount of time that must pass before the Court may enter Judgment of Divorce. Therefore, the Court may schedule a hearing on a Joint Petition for Divorce soon after it is filed. Finally, even if a divorce is initiated as a contested case, you and your spouse may amend the complaint to proceed on an uncontested basis if you have reached agreement on all relevant issues.

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