In Massachusetts, a divorce is filed as “no-fault” or “fault”. Either of these are contested or uncontested. Before you file, you’ll need to choose the type that’s right for you.
Contested or uncontested
“Contested” means that one person disagrees with the divorce or the terms of the divorce. “Uncontested” means that both people agree about everything they file.
Fault or no-fault
1A or 1B : No fault divorce
There are 2 kinds of “irretrievable breakdown” divorces. They’re often called “1A” and “1B,” which refers to the section of the law where they’re found, M.G.L. c. 208.
The most common approach is no-fault based on an irretrievable breakdown of the marriage. There are 2 options for a no-fault divorce.
1. File a “1A” divorce if:
- Both spouses agree that the marriage has irretrievably broken down, AND
- Both spouses have reached a written agreement about the following issues:
- Child support
- Parenting time
- Alimony
- Child custody
- Dividing marital assets.
This is an uncontested no-fault divorce.
2. File a “1B” divorce if:
- One spouse believes there is an irretrievable breakdown of the marriage, OR
- Both spouses believe the marriage has ended but do not agree on the following issues:
- Child support
- Parenting time
- Alimony
- Child custody
- Dividing marital assets
This is a contested no-fault divorce. If you and your spouse come to an agreement after filing, you can file a request to change the divorce complaint from a 1B to a 1A divorce.
Fault divorce
In a fault divorce, the person asking for the divorce must prove specific ground(s) or reason(s) for the divorce. These grounds are listed in M.G.L. c. 208, s. 1:
- Adultery
- Desertion
- Gross and confirmed habits of intoxication
- Cruel and abusive treatment
- Non-support
- Impotency
- A prison sentence of 5 or more years
The fault divorce process is more time-consuming and expensive than a no-fault divorce.
Should you be in the midst of a divorce or contemplating divorce, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation.