What Are Fault Grounds in a Divorce?

Sad woman's hand removing a wedding ring after an argument with husband. The concept of divorce, love problem

If your marriage has fallen apart, you may decide it’s best to go your separate ways. Before you can dissolve your marriage, you must meet specific legal prerequisites. One of these requirements is the need to cite grounds or the reasoning behind the union’s demise. Many states don’t allow individuals to pursue an “at-fault” divorce. However, Massachusetts is not one of them. Masschuessets is one of the few states that allow both fault and no-fault divorce options. Please continue reading to learn the legal grounds that can be cited for an at-fault divorce in Massachusetts and how our trusted Bristol County Grounds for Divorce Lawyers can help you navigate your legal options. 

What Are the Grounds for Divorce?

In Massachusetts, when you file for divorce, you must indicate on your divorce petition the reason for the demise of the union. Divorcing parties can file either a “fault” or “no-fault” divorce. The main difference between fault-based and no-fault divorce is that in a fault-based divorce, one spouse blames the other for the marriage breakdown. In a no-fault divorce, you can cite irreconcilable differences.

An at0dault divorce can offer certain legal advantages if one spouse can establish that the other spouse’s actions have caused the divorce. If you decide to proceed with an at-fault divorce, you can cite one of the following legal grounds:

  • Abandonment: This is if one spouse has deserted their partner.
  • Abuse: This is if one spouse is cruel or abusive toward their spouse or children.
  • Adultery: This is if one spouse has been unfaithful by being involved with another person.
  • Gross and confirmed habits of intoxication: This is if one spouse suffers from substance abuse disorder.
  • Incarceration: This is if one spouse is in prison for five or more years.
  • Impotence: This is if one spouse is unable or unwilling to have sexual relations.
  • Non-support: This is if a spouse does not provide basic needs.

It’s crucial to understand that no-fault divorces are usually less expensive and time-consuming than fault-based ones. This is because divorcing parties don’t have to prove marital misconduct for the court to grant the divorce. However, the benefits of establishing fault can outweigh the cons.

If you’re considering a divorce, it’s in your best interest to consult a determined Bristol County grounds for a divorce lawyer who can help you decide whether filing a fault or no-fault divorce best suits your needs. Don’t navigate this difficult time alone. Please don’t hesitate to contact a seasoned lawyer from The Law Offices of Cynthia L. Hanley, who can help effectively represent your interests and protect your rights.