What is a fault divorce?

Fault divorce is a type of divorce in Massachusetts which is initiated when one spouse commits an act that is seen as a breach of the marriage contract. In a fault divorce, one spouse must prove to the court that the other spouse committed an act, such as adultery, cruelty, or abandonment, which caused the marriage to end.In most cases, the person who initiated the divorce is not asking for anything aside from a dissolution of the marriage. In Massachusetts, there are two types of fault divorces – one based on cruelty or abuse, and one based on adultery. In a cruelty or abuse fault divorce, the plaintiff must show that the defendant was cruel or abusive, and that the behavior was severe enough to make it unsafe or improper for the plaintiff to continue living with the defendant. In an adultery fault divorce, the plaintiff must prove that the defendant committed adultery, which is defined as having a sexual relationship with someone other than their spouse. In both types of fault divorce, the court must determine if the acts committed by the defendant constitute a breach of the marriage contract. If so, the court can grant a fault divorce, which has the same legal ramifications as any other type of divorce. To file for a fault divorce, you must obtain a Complaint for Divorce from the court, which is a legal document that outlines the details of the divorce proceedings. Once you have filed the Complaint for Divorce, the court will review the case and determine whether or not you are entitled to a fault divorce. After the court has made its decision, the divorce will proceed in the same manner as any other type of divorce.

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What is a fault divorce?

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