Understanding the Role of Fault in Massachusetts Divorce Cases

Divorce is a difficult and emotional process, and it can be made even more complicated when fault is involved. In Massachusetts, fault can play a role in divorce cases, but it is not always necessary to prove fault in order to obtain a divorce. In this article, we will explore the role of fault in Massachusetts divorce cases and what it means for those going through a divorce.

What is Fault?

Fault refers to any misconduct or wrongdoing that led to the breakdown of the marriage. In Massachusetts, there are several grounds for fault, including:

• Adultery
• Desertion
• Gross and confirmed habits of intoxication
• Cruel and abusive treatment
• Non-support

How Does Fault Affect Divorce?

In Massachusetts, fault can play a role in divorce cases in several ways. First, if one spouse is found to be at fault for the breakdown of the marriage, the court may award a larger share of the marital property to the other spouse. Additionally, fault can be considered when determining alimony and child custody arrangements.

However, it is important to note that fault is not always necessary to obtain a divorce in Massachusetts. The state also recognizes "no-fault" divorce, which means that a divorce can be granted if the marriage has irretrievably broken down and there is no chance of reconciliation.

How is Fault Proven?

Proving fault in a divorce case can be difficult, as it requires evidence of the misconduct or wrongdoing. For example, proving adultery may require evidence such as photographs, witness testimony, or text messages. It is important to note that evidence obtained illegally, such as through hacking or wiretapping, is not admissible in court.

Conclusion

In Massachusetts, fault can play a role in divorce cases, but it is not always necessary to prove fault in order to obtain a divorce. If fault is proven, it can affect the division of marital property, alimony, and child custody arrangements. However, proving fault can be difficult and requires evidence of the misconduct or wrongdoing. If you are going through a divorce in Massachusetts, it is important to consult with a knowledgeable and experienced divorce attorney who can guide you through the process and help you understand your rights and options.

Sources:

• Massachusetts General Laws, Chapter 208, Section 1
• Massachusetts Bar Association, "Divorce in Massachusetts"
• Massachusetts Legal Help, "Divorce"