Andover, MA asked in Divorce for Massachusetts

Q: My wife is asking for a divorce. I don't want to get divorced with two kids. What options do I have in Massachusetts?

Massachusetts is a No-fault divorce state. Which tells me she could get divorced at will. I have to wonderful kids and I really cannot see myself living away from them. Despite all current afire, I respect her and have strong feeling for her. She is asking me to go through mediation for divorce.

Am I doomed? Is there anything I can do legally to slow down the process?

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1 Lawyer Answer
Christopher J Finn
Christopher J Finn

A: I know that this was asked a few months back but on the chance you are still curious I can provide an answer for you. You are correct in stating that Massachusetts has no-fault divorce. That basically means that as long as one person can stand in front of a judge and state that the marriage has been irretrievably broken down, the judge can grant a divorce regardless of the opinion or wishes of the other spouse. There are a lot of things that can be done to protect your interests in the process, specifically regarding your parenting plan (custody/visitation rights). If you have not already spoken with an attorney about your rights, it would be a good idea to do so as early in the process as possible.

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