Grounds for Divorce in Massachusetts
Choosing grounds is a strategy decision. Massachusetts offers no-fault divorce based on an irretrievable breakdown of the marriage and also recognizes traditional fault grounds. Most people use no-fault to lower tension, cost, and delay.
No-Fault Ground
Massachusetts allows a no-fault divorce on irretrievable breakdown. You can file a 1A joint petition with a signed separation agreement, or file a 1B complaint and proceed while you negotiate. No proof of misconduct is required.
Fault Grounds
Fault grounds include adultery, cruel and abusive treatment, desertion, habitual intoxication, nonsupport, impotency, and imprisonment for certain crimes. Pursuing fault usually means more evidence and hearings, which can increase time and cost without guaranteeing a different outcome on property or support.
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FAQs
Do I have to prove fault to get divorced in Massachusetts?
No. Most cases proceed as no-fault based on irretrievable breakdown.
What is the difference between 1A and 1B?
1A is a joint petition with a signed separation agreement; 1B is a complaint filed by one spouse when you do not yet have full agreement.
Does choosing fault change the outcome?
Fault allegations can matter in limited situations, but they often add time and cost; many outcomes still turn on finances and the best interests of children.
