When facing divorce, you may find yourself overwhelmed with the legal jargon used throughout the process. Add this frustration to the mounting stress and heightened emotion, and you may be left making poor decisions. While our firm is here to help guide you through the process and answer any questions you have, this guide can help clarify some of the legal jargon you may encounter. Types of Divorce Irretrievable Breakdown of the Marriage This cause for divorce stipulates that neither party is at fault and that both spouses agree that their marriage is broken. No-Fault Divorce vs. Fault In Massachusetts, a spouse can seek a “no-fault” divorce or a “fault” divorce. A no-fault divorce is filed when there is an irretrievable breakdown of the marriage. This type of divorce is generally a more straightforward process. A fault divorce, on the other hand, can be filed when one party feels the other is to blame for the breakdown of the marriage. Massachusetts law recognizes several reasons for an at-fault divorce, such as adultery, desertion, and cruel and abusive treatment, to name a few. Common Forms Used in Divorce Proceedings Complaint for Divorce The first form filed to begin a civil case through the court is called a complaint. This form indicates the reason for starting a claim, and the person filing is referred to as the plaintiff. Answer Following the filing of a complaint, the other spouse becomes the defendant. The defendant-spouse can file a response to the divorce complaint, which

Many married couples live separately, even across state lines, for reasons which have nothing to do with the health of their marriage. However, when living across state lines from each other, couples may find their marriage at a crossroads and begin considering divorce. Perhaps distance has created serious problem in the relationship or laid bare preexisting problems. Perhaps one partner has moved away, even across state lines, as part of a trial separation. Or perhaps a history of domestic violence and a need for safety has compelled one spouse to put considerable distance between his or her person and the other spouse. As the coronavirus pandemic continues to disrupt life, some people may find themselves stymied by closed courts, recommendations against travel, and derailed moving plans. Many are wondering how to file for divorce in Massachusetts. Whatever the circumstances that have led to divorce, if one member of a couple lives in Massachusetts and the other does not, there are certain requirements that need to be met before filing for divorce. Divorce in Massachusetts: An Overview First, it is helpful to review the types of divorce available in Massachusetts, as these rules can have an impact on whether a spouse is able to file for divorce in Massachusetts. In Massachusetts, divorce may be either uncontested or contested: In an uncontested divorce, both spouses agree to a divorce and work out the terms before filing for divorce. This type of divorce is always no-fault (See below for the discussion of fault)