Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, either Attorney Revelli or Attorney Luzzo can help you understand the divorce process and your options.

During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways.

If you’re among those wondering if you can file for divorce during the covid crisis, the answer is yes. While we do not know when the Court will reopen to petition your divorce officially, we can get the ball rolling.

While some judges and court employees are working from home, any new or scheduled cases that involve oral argument will likely be postponed for several months. However, if you and your spouse are able to reach a settlement between attorneys, you may be able to process your divorce through the family court system faster. Currently the Worcester Probate and Family Court is accepting petitions for uncontested divorces via phone or video conference hearing.

Below are some things you should know about divorce under any circumstances.
Massachusetts recognizes both “fault” and “no-fault” divorces. Also, your divorce can be “contested” or “uncontested”.

  • Massachusetts Courts divide property equitably–not necessarily equally. This means property and assets will be distributed in a way that the Court believes is fair under the circumstances.
  • Whether to award alimony, how much to award, and for how long is all left to the discretion of the Court as directed by the applicable statutes and case law.
  • In Massachusetts, both parents have a legal obligation to support their children.
  • If parents can’t agree on custody and visitation, a court will decide all custody issues.

If you decide to explore your options or start the divorce process now amid the covid-19 pandemic, our skilled attorneys and staff are here to help and support you. To learn your options or for advice on how to proceed during these unique circumstances, give our office a call.

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