When you or your spouse decide to end your marriage and file for divorce, you may decide to do so through one of any number of different types of divorces recognized in Massachusetts. If you decide to file for divorce due to something specific your husband or wife did, you may decide to seek a “fault” divorce.
Per Mass.gov, a fault divorce implies that your spouse did something that resulted in your marriage ending. You may be able to file for a fault divorce if your situation meets certain criteria.
Who may file for a fault divorce
You need to have grounds to file for a fault divorce. However, you also have to have been a resident of Massachusetts for at least one year. Also, you and your spouse must have resided in Massachusetts together as a couple. Furthermore, the action that gave you grounds for the fault divorce must have taken place within state lines for you to pursue a Massachusetts fault divorce.
What actions constitute grounds for a fault divorce
Massachusetts recognizes seven situations as grounds for a fault divorce. You may be able to pursue one if your spouse cheated on or deserted you. You may also be able to do so if he or she failed to support you or subjected you to gross or confirmed habits of intoxication. Additional grounds for a fault divorce include your spouse experiencing impotency, your spouse going to prison for five years or longer or your spouse subjecting you to cruel or abusive treatment.
Keep in mind, too, that a fault divorce may take longer to finalize than a no-fault divorce.