When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide may help clarify some of the legal jargon you will encounter throughout the divorce process.
Types of Divorce
Irretrievable Breakdown of the Marriage
This cause for divorce states that neither party is at fault and that both spouses agree that their marriage is broken.
No-Fault Divorce vs. Fault
In Massachusetts, a spouse can seek a “no-fault” divorce or a “fault” divorce.
A no-fault divorce is filed when there is an irretrievable breakdown of the marriage. This type of divorce is generally a more straightforward process.
A fault divorce, on the other hand, can be filed when one party feels the other is to blame for the breakdown of the marriage. Massachusetts law recognizes several reasons for an at-fault divorce, such as adultery, desertion, and cruel and abusive treatment, to name a few.
Common Forms Used in Divorce Proceedings
Complaint for Divorce
The first form filed to begin a divorce through the Probate and Family Court is called a complaint. This form indicates the reason for starting a claim, and the person filing is referred to as the “Plaintiff”.
Answer
Following the filing of a complaint, the other spouse becomes the “Defendant”. The defendant-spouse can file a response to the divorce complaint, which is called the answer. The Defendant may also file a counterclaim as part of his or her answer. The counterclaim is used to tell the court the defendant-spouse’s wishes such as alimony or child support.
Separation Agreement
The written document stating what will happen following the divorce is called a separation agreement. This document will include property division, health and life insurance, child custody, a parenting plan, child support, and alimony judgments.
Discovery
Discovery refers to the process of gathering and disclosing evidence for a case. Depositions and the request for documentation are standard tools used to collect evidence for a case. The Massachusetts Rules of Civil Procedure and the The Massachusetts Rules of Domestic Relations Procedure govern the discovery process in divorce and family matters.
Temporary Order
A spouse may need the court to provide decisions regarding important matters such as child support or custody while the case goes through the legal process. These decisions are granted temporarily until the court resolves the case.
Judgment
A judgment is the judge’s final decision in the case. The judgment is often provided as a written document regarding the divorce completion and final outcomes on matters such as child custody, alimony, etc.
While filing for divorce can be a difficult decision, understanding the process shouldn’t be. We’re here to represent your interests and walk you through the divorce process. Contact our office today to get your divorce questions answered and begin the process.
