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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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