Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Massachusetts generally grant divorces because forcing a couple to stay married would go against public policy.

In order to file for divorce in Massachusetts, the following circumstances must be true: a couple must have lived together in Massachusetts, and the reason for the divorce must have occurred there; the spouses must have lived as man and wife in Massachusetts, and one of them must have resided there at the time the reason for the divorce occurred; the petitioner must live in Massachusetts one year after filing for divorce if the reason occurred outside of the state; or the petitioner must live in Massachusetts at the time the divorce is filed, and the reason for the divorce must have occurred in Massachusetts.

In the United States, "no-fault" and "fault" are the two types of grounds, or justifications, for divorce. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. Other states, including Massachusetts, allow the people involved to select either a no-fault or a fault divorce. Lawyers.com gives a comprehensive overview of divorce and separation law in the state of Massachusetts.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some variation of it. A no-fault divorce is one in which the people involved do not legally fault, or blame, each other for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.”

In Massachusetts, the no-fault justification for a divorce is an irretrievable breakdown of the marriage. If the parties agree about property division and support requirements, then they can file a joint petition for divorce, which allows the process to be expedited without the need for trial. Otherwise, divorce proceedings begin when one of the spouses files a complaint for divorce with the Probate and Family Court of Massachusetts.

Many states mandate a "cooling-off" period of separation for a certain period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law.  In Massachusetts, is waiting period is 90 days unless the court orders otherwise.

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. Fault grounds for divorce in Massachusetts are adultery, utter desertion for at least one year, drug or alcohol addiction, impotency, non-support, conviction of a crime if the sentence is five years or more, and absence if it raises the presumption of death. Massachusetts does not allow defenses or denials to a fault divorce. 

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states can be found at abanet.org.

*You can see what a Massachusetts Divorce Settlement Agreement looks like on Free Legal Aid.