Massachusetts courts and divorce uncontested adultery

50 Questions about Massachusetts Divorce

Discover why our clients return to us and recommend us to their friends and acquaintances. In Massachusetts, there are two types of divorce cases generally. This page offers a guide to the grounds for divorce under both an uncontested case and a contested case, which there are many. This page also dispels many of the common misconceptions about the grounds for divorce. In our practice, we commonly hear the following questions, which may seem familiar to you and your situation:. These are good questions and the information contained in this page should help answer these inquiries.

An uncontested case means that the parties agree on all issues to resolve their divorce case.

Please Sign In or Register

If parties agree to the terms of their divorce before a divorce case is filed, they will file a Section 1A divorce, which includes a joint petition and separation agreement. If parties agree to the terms of their divorce after a divorce case is filed and it has been six months since the filing, they can still resolve their case under Section 1B by reaching a full, written agreement on all issues. A contested case is a case that is started because the parties do not have a full, written agreement to resolve all the issues in their case prior to filing.

How Will A History Of Adultery Play Into A Divorce In Queens, NY Courts?

The contested case is almost always based on Section 1B irreconcilable differences, i. One of the very common misunderstandings about divorce cases in Massachusetts. If no agreement is reached, the court will have a trial on the divorce. There are few calculable benefits to filing for divorce based on fault. Another possible benefit is that you just want to make the divorce process more painful for the other side.

First, you have to prove the fault. This means that if you are seeking divorce based on adultery, for example, you have to prove that your spouse cheated on you.

How Can You Prove Adultery in Court?

That can be difficult to do. If you are not successful offering relevant and competent evidence to support your claim of adultery, the court can deny your request for divorce and you will still be married! This is because you have to have evidence to support your claim.

Third, most people do not agree to a divorce based on fault, so it is unlikely that any agreement will be reached before the court holds a trial. Below we have provided a discussion of each type of divorce case based on fault and provide examples for each i. The fault based divorce actions include:. In Massachusetts, judgment of divorce may be granted when one spouse commits adultery. This ground for divorce has been utilized since Massachusetts came into being. The Supreme Judicial Court has made a finding that adultery has a destructive impact on the bonds of matrimony.

Notably, adultery is also a crime and therefore it is treated somewhat differently than other causes of action for divorce. The name of the person alleged to have committed adultery with a spouse cannot be inserted into the pleadings unless the court allows that to occur.


  1. find a person in canada by phone number.
  2. activeconnection property of a recordset object?
  3. search for people in british columbia.
  4. knox community hospital tax id number;

Even if the parties to a Boston divorce case never lived together, adultery may still be pleaded. It may be difficult to prove adultery. While direct evidence is ideal i. Facts surrounding adultery occurring in a marriage may be relevant to the issues of alimony spousal support and property division.

Thus, even if adultery is not pleaded as the grounds for divorce, facts relating to the adultery and cheating by one spouse may still be quite relevant. However, the adultery must be given the appropriate weight and consideration. An example where adultery may be used as a grounds for a divorce include the obvious fact scenario where one spouse has an affair with a third party. The affair must be proven with evidence, such as testimony from a private investigator, admissions by the cheater, or by hauling the third party into court.

There are not very many states that recognize impotence as grounds for divorce. Some states allow an annulment, or nullity action, if one spouse is impotent, including Massachusetts of course. However, if the court grants the annulment, it is as if the marriage never existed. As a result, the non-impotent spouse could not seek alimony or the division of property under M.

Thus, there may be an advantage to file for divorce on the grounds of impotence rather than a nullity complaint.


  • What are the grounds for divorce in Massachusetts?.
  • Boston MA Divorce FAQs | Massachusetts Divorce Questions and Answers.
  • los angeles property tax records.
  • Impotence does not mean that the person is sterile and cannot have children. It means that the person was unable to copulate. Consent is necessary to rely upon this fact. The Court must satisfy itself that consent to divorce has been given by the respondent only after the respondent has understood the consequences of his or her consent. Consent is not needed to rely on this fact. Section 7 of Act provides that, for the purposes of section 2 1 d and i in determining whether the period for which the parties to a marriage have not lived as man and wife has been continuous, the Court shall disregard any period or periods not exceeding six months in the aggregate during which the parties resumed living as man and wife.

    Although the court may find one or more of the facts required to be established for the dissolution of the marriage, the court shall not grant a petition for divorce unless it is satisfied, on all the evidence, that the marriage has broken down beyond reconciliation. Section 1 i of the Act states the ground for the commencement of divorce proceedings. A petition for divorce may be presented to the Court by either party to a marriage. However, for avoidance of doubt, court means the High Court or the Circuit Court section 43 of the Act subject to the Chief Justice's power to transfer an action under section 40 of the Act The divorce petition is the document which starts divorce proceedings.

    This document informs both the Respondent and the Court the legal basis on which the Petitioner is pursuing a divorce. The Petitioner files a petition at either the High Court or Circuit Court and then the Registrar will cause the Petition filed to be served on the Respondent through the Court bailiff. To issue a petition, it must be sent to the Court in triplicate. There is a Court fee for issuing a divorce petition. It is important to note that a divorce petition cannot be issued within the first year of marriage, however the petitioner can rely on events which occurred within the first year of marriage.

    A petition for the dissolution of marriage cannot be presented to the court by the petitioner within two years from the date of the marriage. That means that, a party to a marriage which is less than two years cannot commence a divorce proceedings notwithstanding the existing of any of the facts necessitating divorce under the Act. There is however a proviso to the restriction on petitioning for a divorce. The court may on application allow the presentation of a petition for divorce within two years from the date of the marriage on the ground of substantial hardship suffered by the petitioner or depravity on the part of the respondent.

    Click here to view the full article. The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.

    To print this article, all you need is to be registered on Mondaq.

    Is Infidelity Grounds for Divorce in Massachusetts?

    Click to Login as an existing user or Register so you can print this article. Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research.

    They may also use it to provide Mondaq users with information about their products and services. Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:. Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts Services , subject to and in consideration of your compliance with the following terms and conditions of use Terms.

    Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever. To Use Mondaq. You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq.

    You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products. Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms. Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

    How to Get a Massachusetts Divorce | LoveToKnow

    The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. All Content provided "as is" without warranty of any kind. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. Mondaq may alter or amend these Terms by amending them on the Website.

    These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident "Local Law". In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

    Rather, any such waiver or release must be specifically granted in writing signed by the party granting it. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect. Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq.

    Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions. We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy.

    Learn more here.