Going through a divorce can be a very scary and emotionally charged, life changing event. The decisions that are reached can impact your life for many years to come. Before you consider divorce, contact UrbanoLaw. We may be able to guide you through the joint petition for divorce process, a much less emotionally charged action, or recommend mediation to avoid the high costs, expenses, and risks of litigation. If a contested divorce is necessary, UrbanoLaw can guide you through that process with compassionate, yet zealous, advocacy to ensure your specific needs are properly met. UrbanoLaw will endeavor to reduce the time and money spent on the divorce process by advocating zealously for settlement. This may not always be possible, and in that case our attorneys will fight relentlessly and constructively for your interests.
No Fault Divorce
In Massachusetts there are several grounds on which a divorce can be filed. The most common ground is known as a “no fault” divorce. There are two types of “no fault” divorces.
- When both parties agree that there was a “irretrievable breakdown” of the marriage and there are no contested issues, then both parties together file a joint petition for divorce under M.G.L. c. 208 § 1.
- When both parties cannot agree on all of the issues, but they agree that there was an “irretrievable breakdown” of the marriage, then one party can file a complaint for divorce under M.G.L. c. 208 § 2. This is also known as a contested divorce.
No Fault Divorce
In addition to a “no fault” Divorce, Massachusetts also recognizes seven (7) additional “fault” based grounds for divorce. M.G.L. c. 208 § 1 and 2.
- Adultery (Plaintiff must prove that the defendant is having or has had sexual relations with another party.)
- Impotency (Unable to have sexual relations)
- Utter Desertion (The plaintiff must show (1) that the defendant left voluntary without justification; (2) the plaintiff did not consent; (3) the plaintiff and defendant have not lived together for at least one year prior to the filing; and (4) the defendant has no intent to return.)
- Gross and confirmed habits of intoxication caused by liquor, opium, or other drugs.
- Grossly or wantonly and cruelly one spouse refuses or neglects to provide suitable support and maintenance for the other spouse, (The plaintiff has to prove the defendant has the means to provide the support but not doing so is gross, cruel, and wanton.)
- Cruel and abusive treatment. (Types of behavior that has been found to be cruel and abusive includes domestic violence, emotional abuse, or public humiliation.)
- Imprisonment. (If either party is sentenced for sixty (60) months or more in a federal prison or in a prison or reformatory institution in any state.)
What Happens Next
Once a complaint for divorce has been filed, the defendant will need to file a timely answer, and when applicable, a counterclaim. Next, the court will assign a schedule and tracking order that must be followed. The parties will need to exchange mandatory discovery, attend court hearings, file motions, answer discovery requests, meet certain deadlines, potentially conduct depositions, attend conferences, negotiate the terms of the settlement agreement, and if no agreement can be reached, prepare for and participate in a trial. This can be a daunting task to take on yourself. Consider having UrbanoLaw help navigate you through this process.