Not every state recognizes “fault” divorces or divorces where the state considers the actions of one party to be the cause of the divorce. However, Massachusetts is among the states that do. If you decide to pursue a fault divorce, you must be able to demonstrate how your spouse’s actions led to the demise of your marriage.
Per Mass.gov, you must have been a resident of Massachusetts for at least a year before you may file for a fault divorce. You and your spouse also have to have lived within state lines as a couple. Furthermore, whatever reason you cite for your spouse being responsible for the demise of the marriage, such as adultery, must have occurred within state lines.
Proving grounds for a fault divorce
Massachusetts may consider giving you a fault divorce if your spouse cheated on or abandoned you. If your husband or wife subjected you to cruel or abusive treatment, this may also constitute grounds for a fault divorce. If your spouse is impotent, or if he or she has a serious and confirmed alcohol problem, these factors may also give you cause for a fault divorce. If he or she has a prison sentence that lasts five years or longer, this may also warrant a fault divorce.
Filling out paperwork for a fault divorce
To file for a fault divorce, you must obtain and submit a copy of your marriage certificate. You also must submit a Complaint for Divorce and a Record of Absolute Divorce for the Registry of Vital Records.
Keep in mind that when you file for a fault divorce, you have two options as far as how to do so. The first is to do so in person, and the second is to do so via mail.