In Massachusetts, most Complaints for Divorce and Joint Petitions for Divorce are filed on the grounds of Irretrievable Breakdown of the Marriage or “No-Fault”. You may still file a Complaint for Divorce on the basis of grounds such as cruel and abusive treatment, or adultery, but this is not typical. An experienced Family Law attorney, such as Patricia S. Fernandez, can advise you as to whether filing on fault grounds is helpful to your case.
The following are recognized grounds for divorce in Massachusetts:
- utter desertion continued for one year next prior to the filing of the complaint
- gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs
- cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse
- irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court
If you are considering divorce, please call Patricia S. Fernandez & Associates. Our legal team is dedicated to helping you choose the strategy that is right for you.