Divorce proceedings end a legal and valid marriage. Even if, a week after your wedding, you realize that the marriage was a mistake, you still have to divorce. A short and ill-thought-out marriage is always a marriage. There is still misinformation circulating that these short delays allow for a cancellation. Although there are differences between them, a separate support decision can address some of the same problems as a divorce, such as custody. B, education time, visitation, childcare, helping one of the spouses. Some of the issues that must be decided in a divorce judgment are: whether the separation agreement and the divorce decree are inconsistent, whether the agreement survives or not, control the intentions of the parties. Moore v. Moore, 389 Mass.
21 (1983). In Moore, the question was whether the language of the divorce decree dissolved the agreement or whether the separation agreement stipulated that it would survive the controlled divorce decree. The Court found that, as stated in the separation agreement of the parties, their intention was that their separation agreement be maintained as an independent contract of the divorce decree. An estate judge does not have the power to prevent the survival of an agreement in the absence of a conclusion that "the agreement was entered into illegally, unfairly, inappropriately, by fraud or coercion." Id. The intention of the parties is determined by the terms of the overall agreement. Moreover, it is the Commonwealth`s "established public order" that the separation agreement of the parties survives a divorce decree, unless their agreement expressly states otherwise. Here, in this case, on the basis of the agreement of the parties, his intention was that they survive the divorce decree as an independent judgment. DeCristofaro/ DeCristofaro, 24 Mass. App. Ct.
231 (1987). This is the most common reason for divorce. You must show that something your spouse did or did not knowingly caused you harm or upset. Physical abuse is cruel and abusive treatment. Sometimes some forms of mental cruelty may suffice. You must show that this has caused you physical damage, for example, drinking your spouse and not drinking all night causing you headaches and stomach problems. The time it will take for a divorce to be concluded depends on each case. (See question 23 for time-line information. Separation is a judicial authorization for spouses to live separately.
Massachusetts does not need judicial permission to leave the matrimonial home, so the notion of separation from the law does not exist here.