It is understandable that after watching TV shows and movies depicting divorce,you could come away with the conclusion that it is required to prove fault in a Massachusetts divorce case. Many scenes depict the dramatic moment of pinning the blame on one party or another, proving abandonment, abuse, or infidelity.
Thankfully, the reality is far less exciting. In Massachusetts , there is no requirement that either party be at fault in order for a divorce action to move forward. This is because the option of a “no fault” divorce now exists.
As the name implies, no fault divorce cases occur when neither party is to blame for the dissolution of the marriage. This is sometime referred to in general terms as a divorce for irreconcilable differences. In other words, it’s not anyone’s fault, the marriage just didn’t work out for whatever reason.
In Massachusetts, there is no requirement that the parties have lived separate and apart for any length of time prior to filing for a no fault divorce. The benefit of this approach is it avoids the brutal and often costly process of proving before a judge that one party is responsible for the collapse of the marriage. This process can be difficult in terms of gathering evidence and emotionally exhausting for the participants who are forced to point fingers over an already sensitive subject.
Proving fault grounds can be costly, timely and often involves the use of witnesses, but frequently pay off in the long run.
Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.