Divorce is the legal termination of a marriage through a court proceeding. To begin the process, one person in the marriage files for a petition or complaint for divorce. The petitioner can file for a no-fault divorce, citing irretrievable breakdown of the marriage, or for an at-fault divorce, citing the misconduct of their spouse as the basis for seeking a divorce. Massachusetts requires that the petitioner has lived in the Commonwealth for at least one year, or that the reason for seeking a divorce happened in the Commonwealth and that the couple lived there together.
https://definitions.uslegal.com/d/divorce/
Massachusetts General Law Chapter 208 governs no-fault divorces under Section 1A and Section 1B;
A petitioner would file a 1A if the divorce were uncontested; both spouses agree that the marriage is irretrievably broken down and have reached a written agreement concerning asset division and child support.
Click the link below to read the statute:
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section1A
A petitioner would file a 1B if one or both spouses want to contest the divorce; one or both believe the marriage is irretrievably broken down and there is dispute over custody, support, and division of the marital assets. In this case, a judge would make such determinations. If a 1B is initially filed but later the couple comes to an agreement about such matters, the filing can be converted to a 1A.
Click the link below to read the statute:
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section1B
An at-fault divorce, is governed by Massachusetts General Law Chapter 208 Section 1 and requires the petitioner to prove specific grounds or reasons for the divorce such as adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, impotency, or incarceration of five (5) years or longer. As a result, receiving an at-fault divorce can be time consuming and expensive. Fortunately, in Massachusetts, even if the divorce petition is based on spousal misconduct, the petitioner has the option to simply file a 1B.
Click the link below to read the statute:
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section1
If you or your spouse is seeking a divorce we are here to help. Click the link below to visit our website and schedule a free consultation with our team of experienced attorneys.
https://yourlegalrightsadvocates.com/contact-us/
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