Divorce

Grounds are legally acceptable reasons for divorce.

A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage. In Massachusetts, a judge may grant you a no-fault divorce due to an irretrievable breakdown of your marriage, which means the marriage is broken and cannot be fixed.¹

A fault-based divorce is when you file for divorce and claim that your spouse was responsible for the end of the marriage. In Massachusetts, a judge may grant you a fault-based divorce for any of the following reasons:

1. adultery;
2. impotence;
3. abandonment (desertion) for a year immediately before filing for divorce;¹ Note: This abandonment needs to be voluntary, without a good reason (justification), with the intent not to return, and without your consent;²
4. regular (habitual) intoxication with alcohol or drugs;
5. cruel and abusive treatment;
6. if your spouse can provide for you but cruelly refuses or neglects to support you;¹ or
7. your spouse is sentenced to prison for five years or more.³

The granting of a divorce is not affected by both parties having a fault-based cause (ground) for divorce.¹So, if you file a fault-based divorce, the fact that you also committed one of these fault-based grounds cannot be used as a defense from the divorce process by your spouse. This means that s/he can’t get the divorce dismissed by alleging that you also committed one of these grounds.

¹ M.G.L.  208 § 1
² M.G.L.  208 § 22
³ M.G.L.  208 § 2