Who is at fault in a divorce in Massachusetts?

There are fault and no-fault divorce grounds in Massachusetts. In Massachusetts most divorces are filed on no fault divorce grounds called an "Irretrievable Breakdown of Marriage." There are two kinds of "irretrievable breakdown" divorces. They are often referred to as "1A' and "1B", referring to the section of the law under which they are found, Massachusetts General Laws Chapter 208, sections 1A and1B.

1) 1A--Irretrievable Breakdown, both parties participate: By Agreement each party swears in an affidavit (a written statement made under oath that the marriage has irretrievably broken down), and files that affidavit with a Joint Petition for Divorce, and a notarized Separation Agreement.

2) 1B--Irretrievable Breakdown, only one party files: One spouse files a Complaint for Divorce claiming "Irretrievable Breakdown of Marriage." Whether or not the other party agrees, the plaintiff (the person filing for divorce) can have a hearing no sooner than six months after filing the Complaint. No affidavit or Separation Agreement is required.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.