Are there any grounds for an at-fault divorce?

Yes, there are grounds for an at-fault divorce in Massachusetts. Under Massachusetts law, at-fault divorces can be filed based on any one of the following grounds: adultery, impotency, cruel and abusive treatment, desertion for at least one year, non-support, and incarceration of the other spouse for more than five years. Adultery is considered grounds for an at-fault divorce if either spouse has an extra-marital affair. Impotency is when one spouse is permanently unable to engage in sexual intercourse with the other. Cruel and abusive treatment is defined as physical or emotional abuse that causes a hardship or suffering for the other spouse. Desertion is when one spouse abandons the other spouse for at least one year. Non-support is when one spouse does not offer financial support that is reasonable and necessary for the other spouse. Incarceration of the other spouse for more than five years is also grounds for an at-fault divorce. While an at-fault divorce can be granted in Massachusetts, individuals can also receive a no-fault divorce. Under the Massachusetts no-fault law, a divorce can be granted if either spouse has been living apart for at least 12 months. The individuals do not have to prove the other spouse was at fault in this instance. No matter what type of divorce is sought, a court must approve all divorce decrees and ensure that the rights of both spouses and any minor children are respected.

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Are there any grounds for an at-fault divorce?

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