When a couple realizes that their marriage is no longer working and they may be happier apart, it may be time to consider filing for divorce. Divorces are complicated and emotional for everyone involved. If one spouse decides to file for divorce in Massachusetts, they must first meet a few prerequisites before the process can begin. One of the first steps in the divorce process is to determine whether fault grounds will be cited. “Grounds for divorce” are simply the reason that the party has chosen to end their marriage. Massachusetts is a no-fault divorce state, meaning that they don’t necessarily have to cite fault and can simply state that there has been an “irretrievable breakdown of the marriage.”
There are two types of no-fault divorce in Massachusetts: a 1A divorce and a 1B divorce.
- 1A divorces are uncontested divorces. Both spouses agree that the marriage is broken beyond repair and has resolved all of their marital issues such as child custody, child support, spousal support, and the equitable distribution process. The couple will create a written agreement declaring the outcome of their divorce.
- 1B divorces are contested in nature. This simply means that one spouse has cited the irretrievable breakdown of the marriage but the couple still has unresolved marital issues that need to be addressed. If the couple can’t resolve these issues on their own, they may have to go through litigation.
If you have questions about divorce in Massachusetts, contact our firm today.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.