When it comes to getting a divorce, there are a lot of important decisions you will have to make. One of the most important decisions is how you are going to file, as this can affect the divorce process going forward. You will have to file grounds for your divorce. This means citing the legal reasons for your divorce. One of the most common options couples choose is a “no-fault” option, citing irretrievable breakdown of the marriage. Read on to learn more about irretrievable breakdown in Massachusetts.
Fault Grounds in Massachusetts
In Massachusetts, you can file on the following fault grounds:
- Adultery
- Desertion
- Gross and confirmed habits of intoxication
- Cruel and abusive treatment
- Non- support
- Impotence
- Imprisonment of 5 or more years
Oftentimes, the end of a marriage is not the fault of one person or one event. In these cases, you can choose a no-fault divorce and cite irretrievable breakdown in the marriage.
Types of Irretrievable Breakdown
Irretrievable breakdown means that the marriage no longer works and is beyond repair. In Massachusetts, there are two kinds of “irretrievable breakdown” divorces; 1A and 1B divorce. A 1A divorce is an uncontested no-fault divorce. This means that both parties have agreed to all marital issues and have reached a written agreement about matters. These matters may include child support, child custody, alimony, parenting time, and the division of assets. A 1B divorce would be uncontested on grounds only, leading to a contested divorce because marital issues are not resolved.
Contested vs. Uncontested Divorce
An uncontested divorce means that you resolve your marital issues outside of court. This can be done a few different ways, with one of the most popular options being mediation. But, often it is very difficult for couples to see eye-to-eye, even with the help of a mediator. If you cannot come to a resolution regarding your marital issues, you may have a contested divorce, allowing the court to make decisions on your behalf through the process of litigation.
Filing for divorce can be incredibly stressful, even under the simplest of circumstances. It is a big change and it can be a difficult time. Our firm is here to walk you through the process and act as your advocate. If you are planning on getting divorced in Massachusetts, contact our firm today to speak with an experienced and empathetic attorney.
Contact our Firm
For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.
