Sunday, December 8, 2013

Can you get a Massachusetts Divorce on-line or over the internet?

Massachusetts does not allow on-line or internet divorces. Marriages are created by the granting of a license by the state and can only be terminated by state action. In divorces, the state is represented by a Judge of the Probate and Family Court who must hear evidence and make findings before granting a divorce. The judge must find that the terms of the divorce are fair and equitable. Even if the parties have an agreement or a settlement, they must still appear before a judge and present evidence. A Judge must find that any children are protected in the settlement. Children are viewed as incompetent and courts have the duty to protect incompetents.

Any person who represents that a divorce can be obtained over the internet is committing a crime in Massachusetts and, if convicted, can be punished by inprisonment. Masschusetts General Laws c. 208, § 44 punishes any person who claims to grant a divorce other than a Judge. Masschusetts General Laws c. 208, § 42 punishes any person who procures or assists someone in obtaining a false or counterfeit divorce.  Only attorneys can assist people to obtain divorces.  If you live in Massachusetts and want to get divorced consult an experienced divorce attorney.

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