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Grounds for Divorce in Massachusetts
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce or Petition for Divorce must declare the appropriate Massachusetts grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
No Fault:Irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.
1. Irretrievable breakdown of the marriage
3. Utter desertion continued for one year next prior to the filing of the complaint.
4. Gross and confirmed habits of intoxication caused by voluntary.
5. Excessive use of intoxicating liquor, opium, or other drugs.
6. Cruel and abusive treatment, or, if a spouse being of sufficient ability.
(Massachusetts General Laws - Chapter 208 - Sections: 1, 1A, 1B and 2)
Copyright Notice: The above synopsis of Massachusetts grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce or dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in place in order to help prevent rash decisions to terminate a marriage. You can also learn more about the grounds for divorce in other states.
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