Divorce in Massachusetts is hard enough. But what makes divorce even more difficult and costly is when spouses have the wrong information.
People often seek advice and information from friends, family members, co-workers, the internet, and several other places. While some of this information can be helpful, people sometimes receive incorrect information.
Having correct information during the divorce process prevents unnecessary disputes and is vital to ensure each person is on the same page when "divorce terms" are thrown around.
Here is an alphabetical list of common divorce terms, with accurate definitions, as they relate to divorce in Massachusetts:
Alimony - Spousal support sometimes paid by agreement of the parties or by court order. Alimony Laws in MA were updated and went into effect during March of 2012.
Arbitration - A legally binding, non-judicial procedure held before a neutral third party, the “arbitrator,” who acts as private judge.
Child Support - Court-ordered or voluntary payments from the non-custodial parent to the custodial parent. Child Support is not tax deductible by the paying parent, nor includable in the recipient parent’s taxable income.
Child Support Guidelines - State guidelines requiring the non-custodial parent, under normal circumstances, to pay child support based on a percentage of gross income.
Child Support Worksheet - A form to calculate the child support guidelines that is required in all divorce cases involving children.
Custody, Legal - A legal status or “custodianship” vesting authority to approve all major decisions affecting a minor child. Massachusetts General Law Chapter 208, Sec. 29 defines legal custody as follows:
Sole Legal Custody: one parent shall have the right and responsibility to make decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.
Joint Legal Custody: continued mutual responsibility and involvement by both parents in major decisions regarding the child’s welfare including matters of education, medical care, emotional, moral and religious development. Joint legal custody also means shared legal custody.
Custody, Physical - Relates to the physical location of the child. Massachusetts General Law Chapter 208, Sec. 29 defines physical custody as follows:
Sole Physical Custody: a child shall reside with and be under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that such visitation would not be in the best interest of the child.
Joint Physical Custody: a child shall have periods of residing with and being under the supervision of each parent; provided, however, that physical custody shall be shared by the parents in such a way as to assure a child's frequent and continued contact with both parents. Such terms as “sole,” “primary,” “shared,” and “joint” are used to describe various parenting and visitation plans.
Department of Children and Families - The Massachusetts agency responsible for the health and welfare of children.
Department of Revenue - The Massachusetts agency responsible for child support enforcement.
Equitable Division of Property - Massachusetts is an equitable distribution state (not a community property state) meaning that all property, whenever or however acquired, regardless of legal title, is subject to equal or unequal division.
Irretrievable Breakdown - The legal ground for a no fault divorce, also known as “1-A” divorces because they are granted under Chapter 208, Section 1A of the Massachusetts General Laws.
Joint Petition - When both parties ask the court to do the same thing, usually to grant a no-fault divorce.
Judgment of Divorce Absolute - The court’s final judgment after expiration of the judgment nisi period. Upon this date you are legally divorced and can remarry. Generally, the final decree occurs automatically upon termination of the waiting period. Additional court filings and appearances are not required.
Judgment Nisi - The initial, temporary judgment of divorce. When courts grant divorces, their judgments are not final until the expiration of a statutory “waiting period” known as the nisi period. It begins when the judgment nisi enters and ends upon entry of the “judgment absolute” on the docket.
Jurisdiction - The court’s legal authority to hear your case and issue legally enforceable orders and judgments. The Probate and Family Court in the county where you last lived together has jurisdiction over the divorce, unless neither party currently lives in such county.
Mediation - An informal, voluntary process allowing parties to work with a neutral third party (the “mediator”) to develop the terms of their divorce and separation agreement. For more information about divorce mediation in Massachusetts click here.
Memorandum of Understanding - A divorce term sheet negotiated by parties seeking a no-fault divorce, usually with the help of mediators, that will be converted into a separation agreement to be filed with the court to get a divorce.
Probate and Family Court - The Massachusetts trial court with jurisdiction over divorce.
Qualified Domestic Relations Order (QDRO) - A court order directed to a “plan administrator” or “custodian” allocating retirement benefits between spouses.
Restraining Order - A temporary court order prohibiting a party from certain activities. Issued in response to a motion, restraining orders often are issued to protect marital assets and to protect against domestic violence.
Separation Agreement - A legally enforceable, spousal contract settling all divorce matters. Click here to read, "Separation Agreement - A Confusing Name of An Important Document.
Uncontested Divorce - A divorce in which the parties agree on all matters as set forth in their separation agreement. Many spouses who want an uncontested divorce work with a mediator.
Divorcing couples in Massachusetts can divide their property on their own, or they can leave it up to the court, who will divide all the property equitably. When dividing marital property, courts consider such factors as the length of the marriage, the conduct of the spouses, the occupation and income of the spouses, their employability and the opportunity for each spouse to acquire property in the future.
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"A Plain English Guide to Protecting Your Children"
Author:
Mary L. Boland, Attorney at Law
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.
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Information Provided by: Josh Hoch, Mediator
