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Fault vs No Fault Divorce in MA


Couples in Massachusetts file for divorce for a variety of reasons (just like everywhere else). In some cases, one spouse may believe that the other is at fault for causing the breakdown of the marriage.

However, mostly couples avoid getting into the painful details during their initial court filing. In fact, a majority of divorce proceedings in MA cite their grounds for divorce simply as an irretrievable breakdown of the relationship.

However, the law in Massachusetts requires divorcing couples to formally state their grounds (reasons) for divorce. From there, the court categorizes these grounds as “fault” or “no fault.”

If you are feeling overwhelmed or are unsure about what legal strategy to follow, you should speak to Jay Davis, who is one of the reputable divorce attorneys in MA with more than two decades of family law experience behind him.

Jay will help you determine the appropriate grounds of divorce that you should file under. To receive dependable legal advice, call Jay’s office for an appointment at (617) 752-6216.

No-Fault Divorce in MA

It is possible for a married couple to fall out of love at some point of time. Sometimes, neither party is to blame and the couple may simply drift apart over time.

In this situation, the law in Massachusetts allows an individual or a couple to file for a no-fault divorce. No-fault is the most commonly adopted approach to divorces in the state.

A no-fault divorce can be filed under one of the following two categories:

1A No-Fault Divorce
A couple can file for this divorce jointly once they agree that their marriage has broken down irretrievably. They should mutually sign a written agreement regarding issues such as child custody and support, parenting time, alimony, and property division. 1A is an uncontested no-fault divorce.

1B No-Fault Divorce
When only one spouse believes that the marriage has irretrievably broken down or both spouses believe it, but do not agree on issues such as child custody and support, alimony, or marital property, the divorce can be filed under 1B category.

This is a contested no-fault divorce, which is filed by just one of the partners. (After the filing, if both parties are able to reach an agreement, the divorce petition can be changed from 1B to 1A.)

The petitioner in a 1B divorce is not required to show that the marriage failed because of the other spouse’s fault. Instead, they must only prove that the marriage has ended irretrievably (which means, there is no possibility of reconciliation).

If you are confused about your legal options regarding divorce, or concerned about what the other side may be planning to do, Jay Davis and his dedicated legal team are here to help. With the knowledge and experience of Jay on your side, you cannot go wrong. Call our office at (617) 752-6216 to discuss your case with us.

Fault Divorce

If you believe that your spouse is to blame for the failure of marriage, and you want your assertion to be a part of the legal proceeding, you can file for a fault divorce. The law in MA recognizes seven grounds for filing a fault divorce, which include:

  • Adultery
  • Cruelty and abusive treatment
  • Addiction of alcohol or drugs
  • Desertion for a minimum period of one year
  • Non-support
  • Imprisonment of the partner (sentenced to at least five years)
  • Impotency

It’s necessary to understand that the Probate and Family Courts in MA will usually not give much credence to how a party behaved in marriage while determining issues such as child custody and support, alimony, and property division.

Therefore, it is not necessary that filing a fault divorce will earn a favor to the petitioner from the court when it comes to these vital decisions. Accordingly, a vast majority of MA divorce petitions are no-fault filings.

While you may be emotionally hurt by your spouse’s acts that destroyed the marriage, a no-fault filing will reduce your burden of proof and will probably make the entire proceeding easier on you and your children.

When it comes to making these sensitive choices, you should consult with the committed and compassionate divorce attorney Jay Davis in Massachusetts. Jay will help you evaluate both options carefully and give you the best possible guidance to protect your interests.

Consult with Top-Rated Divorce Lawyer Jay Davis Today!

The law in our state provides you a number of options for filing a divorce. Our team, led by Jay Davis, will walk you through your best legal options in order to resolve your divorce petition to your complete satisfaction.

We know justice is all-important in your situation, we will work hard to ensure you get it. Call us at (617) 752-6216 or write to us online to schedule an appointment with Davis Law Group today.

We only win if you win! We know this law very well. We have a long list of satisfied clients. Call us now!

The post Fault vs No Fault Divorce in MA first appeared on Davis Law Group.
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