Divorce can be a difficult and emotional process, but understanding the legal grounds for divorce in Massachusetts can help make the process smoother. In this article, we will discuss the different grounds for divorce in Massachusetts and what you need to know about each one.
In Massachusetts, a no-fault divorce is the most common type of divorce. This means that neither spouse is blamed for the breakdown of the marriage. Instead, the couple must state that the marriage has irretrievably broken down due to irreconcilable differences. This is the easiest and most straightforward way to get a divorce in Massachusetts.
In some cases, a spouse may want to file for a fault-based divorce. This means that one spouse is blaming the other for the breakdown of the marriage. There are several grounds for fault-based divorce in Massachusetts, including:
Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. If one spouse can prove that the other committed adultery, they can file for a fault-based divorce.
Desertion occurs when one spouse abandons the other for at least one year without a justifiable reason. If one spouse can prove that the other deserted them, they can file for a fault-based divorce.
If one spouse can prove that the other has subjected them to cruel and abusive treatment, they can file for a fault-based divorce. This can include physical, emotional, or sexual abuse.
If one spouse is unable to engage in sexual intercourse and did not disclose this before the marriage, the other spouse can file for a fault-based divorce.
If one spouse is sentenced to prison for at least five years, the other spouse can file for a fault-based divorce.
Understanding the legal grounds for divorce in Massachusetts is important if you are considering getting a divorce. While a no-fault divorce is the most common type of divorce, there are several grounds for fault-based divorce that may apply in certain situations. If you are unsure which type of divorce is right for you, it is important to consult with a qualified divorce attorney who can guide you through the process.
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