Are there any defenses to a divorce action?

Yes, there are several defenses available to someone in a divorce action in Massachusetts. Generally, the person who initiated the divorce must prove grounds for divorce; however, if the other spouse can prove that certain marital misconduct occurred, then divorce may be avoided. One of the most common defenses to a divorce action is if the other spouse fails to provide a valid reason for the divorce. Massachusetts state law requires that both parties agree upon the grounds for divorce before any court can issue a judgment. If the spouse who initiated the divorce cannot prove that grounds were agreed upon beforehand, then the divorce may be dismissed. Another defense to divorce is if either spouse can prove that the marriage is not valid. In Massachusetts, this defense is often used when one spouse was previously married and was not legally divorced. Additionally, if either spouse can prove that there was fraud or misrepresentation used to obtain the marriage, then the divorce may be avoided. In addition, there are several other defenses such as insanity, if one spouse was not of sound mind when marrying, and if one spouse can prove that they were coerced or forced to marry against their will. Ultimately, it is important to note that defending against a divorce action may not be easy, as it requires a great deal of evidence and legal representation. It is best to consult with an experienced divorce lawyer who can help you assess your legal options.

Related FAQs

How is child custody determined?
What is a qualified domestic relations order (QDRO)?
What is a contested divorce?
What is the difference between a contested and uncontested divorce?
What is a separation agreement?
What are the legal requirements for a divorce?
What factors will a court consider when granting a divorce?
What are the different types of divorce?
How much is the average cost of a divorce?
What is a marital dissolution agreement?

Are there any defenses to a divorce action?

Related FAQs

Related Blog Posts