A “no fault” divorce is a divorce where the marriage is broken beyond repair but neither spouse blames the other. In Massachusetts, the no fault divorce grounds are called “Irretrievable Breakdown of Marriage.”  There are 2 kinds of “irretrievable breakdown” divorces. They’re often called “1A” and “1B.”

The most common approach is no-fault based on an irretrievable breakdown of the marriage. There are 2 options for a no-fault divorce.

  • A “1A” divorce:  is when both spouses agree that the marriage has irretrievably broken down and they have reached a written agreement about child support, parenting time, alimonychild custody, and dividing marital assets. This is an uncontested no-fault divorce.
  • A “1B” divorce: is when one spouse believes there is an irretrievable breakdown of the marriage or both spouses believe the marriage has ended but they aren’t in agreement about custody, support, or marital property issues. This is a contested no-fault divorce. If you and your spouse are able to come to an agreement, you can file a request to change the divorce complaint from a 1B to a 1A divorce.

What is Fault Based Grounds in a Divorce Case in Massachusetts?               6/2

Fault Base Grounds for divorce shows that the spouses conduct was inappropriate which led to the divorce. The fault base grounds have to be proven in court by the Plaintiff.  As a general rule, it is either alternatively filing a fault base ground with the alternative on being an irretrievable breakdown of the marriage. Most of the time I do not put down fault base grounds for divorce, but those aspects would include:

  • Adultery
  • Desertion
  • Gross and confirmed habits of intoxication
  • Cruel and abusive treatment
  • Non-support
  • Impotency
  • A prison sentence of 5 or more years  

The fault divorce process can be more time-consuming and expensive than a no-fault divorce.