Choosing to divorce is a life-altering decision. Those who end their marriages have to prepare to divide their property. They may face costs related to the divorce itself and major changes in their day-to-day lives after the end of the marriage.
It is therefore important for those contemplating divorce to approach the process rationally and cautiously. Establishing whether divorce is the right course of action is an important step to take. People also have to choose a specific approach when navigating the divorce process. In some cases, people may question whether their circumstances even justify the decision to divorce. They may wonder whether they have grounds for a divorce.
When is divorce a viable option for those living in Massachusetts?
When there is clear proof of fault
Massachusetts still allows people to file for fault-based divorces. In a handful of difficult circumstances, spouses can file for divorce based on misconduct or untenable marital situations.
The current grounds for divorce recognized under state law include:
- abandonment/desertion lasting at least a year
- alcohol abuse
- drug abuse
- adultery
- impotence
- cruel and abusive behavior
- non-support of a spouse
- a prison sentence of five years or more
Those filing for divorce on fault-based grounds typically need proof of misconduct or that their circumstances meet the requirements established by the state.
They may also have to consider the possibility that their spouse may deny misconduct and may try to fight the divorce. Some people choose to pursue no-fault divorces even when their situation may fall into one of the fault-based categories for divorce under Massachusetts state law.
When there is an irretrievable marital breakdown
Those who want to divorce but do not have evidence of misconduct or who want to streamline the process as much as possible may choose a no-fault filing. Instead of trying to establish that their spouses are to blame, they simply assert that the marital relationship has broken down to a point where it is no longer repairable or sustainable.
No-fault divorces can be faster than grounds-based divorces because there is no need to present evidence about difficult marital circumstances. As a general rule, anyone truly unhappy in their marriage can potentially divorce even if they don’t have circumstances that provide them with grounds for a fault-based divorce.
Understanding the basic standards for divorce proceedings in Massachusetts can help people prepare for the process. Spouses often need to learn the basics of state law so that they know what to expect during divorce.
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