Considering divorce? Here are some true or false questions to see what you know about some of the basics about divorce in Massachusetts. Test your knowledge and perhaps learn some true facts from experienced professionals in the field.
Question 1: Less than 7% of divorce cases in Massachusetts go to trial before a judge. True or False?
Question 2: Massachusetts is one of the 9 states that considers property acquired during a marriage to be community property. In these states, marital property is split 50-50 between the divorcing couple. True or False?
Question 3: Before filing for divorce in Massachusetts, parents must separately attend an approved Parent Education Program? True or False?
Question 4: A divorce arbitrator is someone who works with divorcing couples to help them create the terms of their divorce. True or False?
Question 5: Recently the Alimony law in Massachusetts changed. The new law now sets limits on the amount and duration of alimony payments based on how long the marriage lasted. True or False?
Question 6: Everyone in Massachusetts must go to court to obtain a divorce? True or False?
Question 7: Divorce mediation is usually less expensive than other ways to settle the terms of divorce in Massachusetts? True or False?
Find out how you did. Below are the answers, along with an explanation:
Question 1: Less than 7% of divorce cases in Massachusetts go to trial before a judge.
TRUE
Explanation: Over 93 percent of couples who divorce in Massachusetts reach agreement on the terms of their divorce without the need for a trial. Mediation can be an efficient and cost-effective way for couples to work out their divorce agreement.
Question 2: Massachusetts is one of the 9 states that consider property acquired during a marriage to be community property. In these states, marital property is split 50-50 between the divorcing couple.
FALSE
Explanation: The nine community property states in which property is split 50-50 are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Massachusetts is one of 39 Equitable Distribution states where earnings and assets (and debt) accumulated during marriage are divided equitably (fairly), but not necessarily equally.
Question 3: Before filing for divorce in Massachusetts, parents must separately attend an approved Parent Education Program?
TRUE
Explanation: Before a divorce can take place in Massachusetts, participation by parents at an approved Parent Education Program is indeed a mandatory requirement. The goal of the program is for parents to become more aware of the emotional needs of children while understanding the effects of divorce on child behavior and development.
Question 4: A divorce arbitrator is someone who works with divorcing couples to help them create the terms of their divorce.
FALSE
Explanation: A mediator is a neutral person who works with a divorcing couple to help them work out the terms of their divorce and to create a separation agreement. An arbitrator is a neutral party who works with couples who are unable to come to agreement on issues about their divorce. The arbitrator hears both parties present their case and then the arbitrator proposes or renders a decision. By agreement of the parties ahead of time, the decision of the arbitrator is final if approved by the court.
Question 5: Recently, the Alimony law in Massachusetts changed. The new law now sets limits on the amount and duration of alimony payments based on how long the marriage lasted.
TRUE
Explanation: Previously, the Massachusetts alimony structure gave judges the discretion to award lifelong alimony payments, regardless of how long the marriage had lasted. Unlike ex-spouses in most states, ex-spouses in Massachusetts could be required to continue paying alimony after they retired or after their ex-spouse moved in with someone else. This is no longer the case. Now, Massachusetts has limits on how long alimony can be paid based on the length of the marriage. In almost all cases, alimony ends no later than the social security retirement age of the paying ex-spouse. In addition, alimony payments can be reduced or terminated if the receiving spouse has a live-in relationship with another person lasting more than three months.
Question 6: Everyone in Massachusetts must go to court to obtain a divorce?
TRUE
Explanation: While the terms of divorce are often created in a mediator’s office, everyone in Massachusetts still must go to a Probate and Family Court Department for a divorce hearing. At a 1A divorce hearing, a judge will review your divorce agreement (called a Separation Agreement in Massachusetts) and court paperwork and then will ask you and your spouse some basic questions. The judge will grant the divorce as long as each of you, and the judge, feel the agreements reached are equitable, fair, and reasonable.
Question 7: Divorce mediation is usually less expensive than other ways to settle the terms of divorce in Massachusetts?
TRUE
Explanation: The typical litigated divorce in Massachusetts can cost between $5,000 and $25,000 per person - and sometimes even more if there are particularly contentious issues between the parties. In comparison, divorce mediation, on average, costs each person between $500 to $2,000.
The Massachusetts courts can order child support payments made by either spouse, and it uses child support guidelines that take into consideration each party's income and the number of children for whom support is to be paid. Courts may deviate from the guidelines if a party shows paying any amount would be too burdensome.
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"A Plain English Guide to Protecting Your Children"
Author:
Mary L. Boland, Attorney at Law
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Information Provided by: Josh Hoch, Mediator
