no fault divorce

What is the difference between a fault and no-fault divorce?

In the Commonwealth of Massachusetts, the grounds for divorce depends on whether you decide on a no-fault or fault divorce. A no-fault divorce does not require parties to prove blame for the breakdown of the marriage. Either or both parties can file to begin the process for a no-fault divorce merely pleading that the marriage is beyond repair, and it is time to move on. The ground for this action is “irretrievable breakdown of marriage”. A fault divorce is more involved. In the Commonwealth of Massachusetts, you have the option of filing for divorce and claiming one person is to blame for the failure of the marriage. Common grounds for a fault divorce include cruelty and abuse, desertion for one year or more, adultery, impotence, excessive use of drugs or alcohol, failure to provide support or maintenance, and sentences of five years or more in a penal institution. Proving a fault divorce can be difficult. It is recommended the accusing party have solid proof of any fault grounds. Make sure to consult with a knowledgeable attorney before taking any divorce action to understand your options. Contact our office to have your questions answered today.

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Finding fault in divorce — go “where no one has gone before”

There is a reason why Americans choose to make the concept of a no-fault divorce part of their culture. While some might argue that no-fault divorces make it too easy to dissolve a marriage, it eliminates the process of assigning blame to one party which often results in long drawn-out proceedings with only bitter feelings tied in. For Salem residents, a high net-worth divorce can lead to a complex division of property. While the state of Massachusetts is no fault divorce state, it is also an equitable distribution state; meaning that a judge will decide what a fair distribution of property is — not necessarily a 50/50 split. Interestingly, the people of Great Britain are starting to see the benefits of no-fault divorces, as well. The Brits voted down the idea of a no-fault divorce back in 1996, but, over a decade later, many British residents are starting to rethink their stance on the issue. This likely is because of the petty arguments that have arisen during divorce proceedings, all in an effort to assign blame. Across the pond, in an effort to illustrate the extremes couples go to in order to put an end to their marriage, one woman complained that her husband requested that she dress up like a Klingon — a character depicted in the television show “Star Trek”. He also requested that she speak to him in the Klingon language. Yet another man argued that his wife purposely served him tuna casserole on a frequent basis

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