In Massachusetts, divorce can be either “fault” or “no-fault”, depending on whether specific reasons are given for the separation. A no-fault divorce is when the marriage is described as “irretrievably broken”, meaning that the couple cannot get along, and there’s no chance for reconciliation. In a no-fault divorce, neither spouse blames the other for the breakdown of the marriage. This type of divorce is typically less contentious and can expedite the divorce process.
On the other hand, a fault divorce in Massachusetts involves one spouse blaming the other for the breakdown of the marriage. The person who files for divorce must prove the other spouse’s fault, such as cruel and abusive treatment, desertion for one year or more, or adultery. However, a fault divorce can be more complex, time-consuming, and costly than a no-fault divorce because it usually involves more court appearances and a longer process to resolve. It’s also important to note that while fault can play a role in determining alimony and property division, it’s just one of many factors the court will consider.