Essex County Divorce Attorney

Is Massachusetts a No-Fault Divorce State?

Yes, Massachusetts allows no-fault divorces. No-fault divorces can be filed jointly (known as a “1A” divorce) or unilaterally by one of the parties (a “1B” divorce).

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• A 1A divorce is when both spouses agree that the marriage is broken and have already decided on child custody, support, and alimony issues. This is also called an uncontested no-fault divorce.
• A 1B divorce, or contested no-fault divorce, is when only one spouse believes the marriage is broken and the terms mentioned are not agreed upon. Issues usually expanded upon in 1B divorces include property distribution and parenting schedules. Remember that you can always request to change the divorce from 1B to 1A if an agreement is made.

In a fault divorce, the spouse asking for the divorce must prove one of the following 7 grounds:

• Adultery
• Desertion or abandonment
• Impotency
• Cruel and abusive treatment
• A prison sentence of at least 5 years
• Habits of intoxication
• Non-support

Massachusetts also allows fault divorces, but they are rarely invoked. Fault divorces are known to take much longer and can become expensive over time. It is not uncommon for fault divorces to take years to finalize.

What if We Get Divorced in a Different State Than When We Were Married in?

You are not required to apply for divorce in the same state you've married . In Massachusetts, the divorce petitioner may have remained in the state for at least a year. You can apply in the county where you have lived before with your spouse or your current county where you now reside.

What if My Spouse Wants a Divorce But I Don’t?

A divorce is quite difficult to appeal. Since this state provides for divorce based on "irreconcilable discrepancies," what the partner has to do is show that they can no longer live with you. For certain women, this is an indication that it's time to move on. Courts aren't in the business of pressuring people to stay together if they don't want to.

If your partner applies for divorce based on blame, you have the right to contest the grounds for your fault. However, rather than ending the divorce, this would most likely turn it to a "no fault" divorce.

Understanding Your Divorce Proceedings

Filing for divorce can be an extremely challenging time. Not only is it the end of a union, but in many cases, it’s the start of a difficult time where assets need to be divided and your future can be impacted. Because of this, working with an attorney is the best way to ensure a successful split for all parties.

We can help clarify your rights and address concerns such as:

• The tax and financial implications of various property division scenarios
• Who is responsible for the mortgage, health insurance, child care, and more
• Which party is able to retain the family home
• Who will have primary physical custody
• Alimony and child support requirements

Additionally, our Essex County divorce attorney can help you file a temporary order in order to protect you during your separation and ensure all proceedings are moving efficiently.