Even if your spouse lives out of state, you can file for divorce in Massachusetts if you have lived in Massachusetts for at least one year or if you and your spouse have lived together as a married couple in Massachusetts and the grounds for divorce occurred in Massachusetts.
The Judge can order alimony for either spouse regardless of who filed for divorce. A Judge will order alimony if the recipient spouse is need of support and if the payor spouse has the ability to pay. The Judge can order a spouse to pay alimony all at once or periodically (eg. weekly, monthly, or yearly). If you have been married for 20 years or more, the Judge may award alimony for an indefinite time. If you were married for 15 up to 20 years, the Judge can award alimony for no more than 80% of the number of months of marriage. If you were married for 10 up to 15 years, the Judge can award alimony for no more than 70% of the number of months of marriage. If you were married for 5 up to 10 years, the Judge can award alimony for no more than 60% of the number of months of marriage. If you were married for up to 5 years, the Judge can award alimony for no more than 50% of the number of months of marriage.
The Court has a tracking system for divorces. Divorces are assigned to a 14 Month Track. That means the divorces should be settled, dismissed, or go to trial within 14 months.
My spouse and I last lived together many years ago and I don’t know where he lives. I am worried we won’t be able to serve him with the Divorce Complaint.
No worries, there is a procedure to publish notice of the Divorce Complaint in the newspaper and obtain a divorce.
You can still get a divorce even if your spouse does not want one. Massachusetts does not force a couple to stay together if one person no longer wants to be married. However, it can?complicate the process if the other party does not want to go through with it