What is a no-fault divorce?

A no-fault divorce is a type of divorce in which neither party is held responsible or “at fault” for the divorce. Under Massachusetts law, a no-fault divorce can be granted if both parties agree, or if either party can prove “irretrievable breakdown” of the marriage. In other words, if both parties agree the marriage is over and can’t be saved, a no-fault divorce can be granted. The main advantages of a no-fault divorce are that it simplifies the process and allows for a quicker resolution than an “at-fault” divorce. In an at-fault divorce, one spouse must prove that the other party is responsible for the breakdown of the marriage, which may involve drawn-out court proceedings. In a no-fault divorce, neither spouse has to prove that the other was at fault, and there is no need for lengthy court proceedings. One of the main disadvantages of a no-fault divorce is that there is no opportunity for either spouse to receive a greater share of assets or child custody rights based on the responsibility of the other. If parties are not able to agree on the division of assets or child custody, it may be best to opt for an at-fault divorce, which would allow the court to consider the responsibility and behavior of each party when making decisions. No-fault divorces can be a simpler and faster way to end a marriage if both parties agree, but depending on the situation it may be best to seek an at-fault divorce.

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What is a no-fault divorce?

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