Armstrong Law, P.C.

Should I file a fault or no-fault divorce?

You never wanted it to come to this, but the day is finally here; you and your partner have decided to divorce, and end your lives together. Although it is a difficult decision to make, a solid understanding of Massachusetts divorce law can at least make the procedure more painless than your separation. One of the first things you need to understand is that divorce comes in multiple classifications, and you must choose if you will file a fault or no-fault divorce.

A no-fault divorce is the most common. As Mass.gov explains, in a no-fault divorce both parties agree that the marriage cannot be repaired but neither wholly blames the other. This means that you and your partner acknowledge that you had an equal hand in whatever issues led to your incompatibility. In a fault divorce, however, one spouse wholly blames the other for the dissolution of the marriage. This can be because of issues such as infidelity, withholding of affection, alienation of children, or other irreconcilable differences that lie primarily at the feet of one partner.

There are also contested and uncontested divorces. If you want to divorce and your partner does not, that would be considered a contested a divorce. You do not need to worry that your partner can somehow keep you trapped in a marriage that you are ready to end simply because they are not ready to exit. You have many legal options for claiming your right to exit the marriage. If the two of you agree, however, you can file an uncontested divorce.

This is an educational reference only, and should not substitute for valid legal advice.

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