Divorces in Massachusetts are filed under either FAULT or NO FAULT grounds. With either fault or no fault grounds, the parties must address child support, child custody, property division, alimony, and health insurance, among other issues. Also, whether the divorce is filed under fault or no fault grounds has little impact on how the issues are ultimately resolved. Therefore, most filings are now under no fault grounds.
No Fault Divorces: in this type, the parties agree that the marriage is “beyond repair,“ but at the same time neither party technically blames the other. The legal term used for this type of divorce is an “Irretrievable Breakdown of Marriage,” which is also broken down into two different types: (a) uncontested, and (b) contested.
Irretrievable Breakdown of Marriage:-
(a) Uncontested: The parties file a Joint Petition for Divorce. Parties use this filing when they have all issues resolved and are ready to put their divorce through.
(b) Contested: In this type, one party files a Complaint for Divorce, and the other party is served with a complaint and a summons. This is the standard way to start a divorce because it puts the case on the court calendar, which moves the case along toward resolution. Also, at the beginning of the divorce proceeding, rarely do both parties agree on all of the issues and all of the details of the arrangement going forward. Divorces that begin contested essentially become uncontested when the parties agree on all the issues and are ready to resolve the matter.
Fault Grounds for Divorce
Following are the fault grounds for Divorce in Massachusetts:-