Does a party have to prove fault on the part of the other spouse to obtain a divorce?

Massachusetts has no-fault and fault-based grounds for divorce.  Fault based grounds in Massachusetts are rarely used.  With no-fault grounds, either party may bring a complaint for divorce based upon the marriage being “irretrievably broken.”  If parties are unable to settle their divorce, the parties’ conduct is taken into consideration by the judge when a determination is made on the issues of alimony and property division.  Neither party can prevent the other from getting divorced if the complaint is based upon grounds of irretrievable breakdown.


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