Deciding how to file for divorce in Massachusetts? Keep reading...

The State of Massachusetts recognizes no-fault divorce and fault-based divorce.?

There are two types of no-fault based divorce filings, uncontested and contested. An uncontested no-fault divorce (1A divorce) is filed when the marriage is irreparably broken and both parties are in mutual agreement about all settlement matters. This may be ideal for couples who communicate well with one another, are willing to compromise, and are civil. 1A divorce does not require you and your partner to go to trial. These are the quickest divorce actions and result in smooth negotiation.??

If the parties are in agreement about?seeking a divorce but are not in agreement over matters like the division of marital property, child custody, or parenting decisions, then they must file a contested no-fault divorce (1B divorce). 1B divorces are more common and are helpful for parties who may find themselves in greater conflict with their spouse. 1B divorces may be better for couples who are unable to communicate, have a volatile relationship, or refuse to negotiate.??

A fault-based divorce is where one party is allegedly at fault for the breakdown of the marriage. These complaints?are far less commonly filed. There are seven grounds for filing a fault-based divorce recognized by Massachusetts state law, which includes adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive punishment, non-support, impotency, and a prison sentence of more than five years. This type of divorce may be ideal if one party is not in agreement on pursuing a divorce. If the marital misconduct is egregious, it may become a factor in property division, but this is rarely the case for most clients. If filing a fault-based divorce, you will have to prove the grounds you file under, which can result in a lengthier or more challenging legal process. If you are unable to prove your grounds for divorce, you will then have to file a no-fault divorce action.?

Is there a certain type of filing that is “better”? Not necessarily!??

Neither filing method is better or worse than the other. Your decision is truly dependent on your own legal strategy and personal goals. No-fault divorces are more common in practice, and it puts less of a burden on an already emotional process. These are expedited at a faster pace because there is less evidence to gather, as there is no need to prove marital misconduct. Fault-based divorces may be more logical for high-conflict couples, in disagreement over many aspects of the settlement. Regardless of the way you file for divorce, the outcome is often the same.??

Our experienced divorce attorneys will guide you through the different options for filing, based on your relationship with your spouse, how in agreement you both are, and the reasons motivating the divorce. Contact Ryder & Phelps, P.C. at (978) 381-1660 or www.ryderandphelpslaw.net to schedule a consultation to determine the most practical choice for your divorce proceeding.??