Filling for a Fault-Based Divorce? Contact us now!

What is Fault-Based Divorce?

In Massachusetts, a fault-based divorce is initiated when one spouse alleges that the other’s misconduct led to the breakdown of the marriage. Unlike a no-fault divorce, which cites an “irretrievable breakdown” without assigning blame, a fault-based divorce requires the petitioner to prove specific wrongful acts committed by the other spouse. This approach can influence decisions related to alimony, child custody, and property division.

What are the Grounds of Filling a Fault-Based Divorce?

Under Massachusetts General Laws Chapter 208, Section 1, there are seven recognized grounds for a fault-based divorce:

  • Adultery: Voluntary sexual relations with someone other than the spouse.
  • Desertion: Intentional abandonment for at least one year without justification.
  • Gross and Confirmed Habits of Intoxication: Chronic intoxication due to alcohol or drugs.
  • Cruel and Abusive Treatment: Physical or emotional abuse that endangers the well-being of the other spouse.
  • Nonsupport: Failure to provide financial support when able to do so.
  • Impotency: Inability to engage in sexual intercourse.

Why Do You Need to Hire an Attorney When Filing a Fault-Based Divorce?

Filing for a fault-based divorce involves complex legal procedures and the necessity to present compelling evidence to substantiate the claims. An experienced attorney can:

  • Help gather and present evidence to support the fault grounds.
  • Navigate the legal system efficiently, ensuring all procedural requirements are met.
  • Advocate for your interests in matters of alimony, child custody, and property division.
  • Provide guidance on potential defenses the other spouse might raise, such as condonation or collusion.


Given the higher stakes and complexities involved, legal representation is crucial to protect your rights and achieve a favorable outcome.

Why the Law Office of Matthew W. Peterson is the Best Choice to Represent You

The Law Office of Matthew W. Peterson specializes in family and divorce law in Massachusetts. Our attorney’s extensive experience and dedication to our clients make us the trusted advocate for those navigating the challenges of fault-based divorce. Our firm is committed to providing personalized legal services, ensuring that each client’s unique circumstances are addressed with the utmost care and professionalism.

Experienced Family Law and Divorce Lawyers Ready to Protect Your Rights

Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500

Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034

Office Hours
Mondays – Fridays
24/7 Support

Saturdays – Sundays
10:00am – 2:00pm

Our Legal Process and How We Work

1.
Initial Consultation

We give our clients a comprehensive overview of their legal issues, gathering essential information to understand their unique situation.

2.
Strategic Plan Development

After the initial discussion, we create a tailored strategic plan outlining how we aim to achieve the customer’s objectives.

3.
Representation and Advocacy

Once the agreement is in place, we begin representing you, furnishing expert legal guidance and devoted advocacy throughout your case.

1.
Initial Consultation

We give our clients a comprehensive overview of their legal issues, gathering essential information to understand their unique situation.

2.
Strategic Plan Development

After the initial discussion, we create a tailored strategic plan outlining how we aim to achieve the customer’s objectives.

3.
Representation and Advocacy

Once the agreement is in place, we begin representing you, furnishing expert legal guidance and devoted advocacy throughout your case.

File Your Divorce Now!

If you’re considering filing for a fault-based divorce in Massachusetts, don’t navigate this complex process alone. Contact the Law Office of Matthew W. Peterson today to schedule a consultation and take the first step toward a new chapter in your life.

FAQs

Yes, depending on the specific ground for divorce. For example, desertion requires a separation period of at least one year, but other grounds like adultery or cruel and abusive treatment do not have a time requirement.

Potentially. While Massachusetts is an equitable distribution state, the court may consider marital misconduct when dividing assets.

No. Massachusetts allows for no-fault divorces based on an irretrievable breakdown of the marriage. However, proving fault may be beneficial in certain situations.

A fault-based divorce isn’t final until 90 days from the date of the hearing if a judgment is entered.

Yes, it’s possible to amend your divorce complaint, but it’s advisable to consult with an attorney to understand the implications.

Our Latest Posts Related To Family Law You Need To KNOW!

End the Abuse—File for Divorce Today!

Experienced Family Law and Divorce Lawyers Ready to Protect Your Rights

Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500

Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034

Office Hours
Mondays – Fridays
24/7 Support

Saturdays – Sundays
10:00am – 2:00pm

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