Looking for some insight on where i stand, and if a divorce is even possible?
Asked on Feb 05th, 2014 on Divorce - Massachusetts
More details to this question:
my wife of 10+ yrs says that she wants a divorce. her reasons are that I don't eat lunch with her anymore, I will not sit next to her at the pool, and I do not take out the trash without complaining of saying that she is nagging me. we are still living together but she is angry with me because I will not just walk away since she says that it is over. the house is in both our names but her parents live in an in-law apartment in the house. Although she is the one that has been drinking and partying for the past 4-5 years while I have stayed at home with the kids, she is the one who is asking for the divorce, for me to move out and custody of our daughter. So my question is, does she even have grounds for a divorce, if so am I the one who needs to move, and will I be able to get custody of our daughter because I am the one that has been involved with everything she has done over the past 4-5 years.
Massachusetts is a no fault state. This means that either party can file for divorce by claiming irreconcilable differences and the other party cannot prevent the divorce. The determination of custody is based on the best interests of the child(ren). The best interests of the child(ren) is primarily determined by looking at the age of the child(ren), who was the primary caretaker and the ability of each parent to care for the child.
If you need additional information, do not hesitate to contact my office at 617-410-6467.
Wyckoff Nissenbaum, Esq.
SomervilleLawOffice.com
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.