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What is a Massachusetts No-Fault Divorce?

Updated: Feb 23

I am often asked, "What is a Massachusetts no-fault divorce? The Massachusetts Probate and Family Court will not inquire nor consider evidence of the individual marital fault of the spouses - that includes adultery. All you need is at least one spouse to assert there has been an "irretrievable breakdown" of the marriage and there is no chance of reconciliation. You can proceed on a Joint Petition for Divorce pursuant to Massachusetts General Laws Chapter 208, Section 1A which is better known as an uncontested Massachusetts divorce.

What is a Massachusetts no-fault divorce?
Massachusetts No-Fault Divorce

You can also start the Massachusetts divorce process through a Complaint for Divorce (pursuant to Massachusetts General Laws Chapter 208, Section 1B) which usually converts to an uncontested divorce after a Separation Agreement is signed and presented to the judge for approval. You can still mediate if a party initiates a Complaint for Divorce. Mediation can start at any point during the divorce litigation process. I often work with couples who have already started divorce litigation or are seeking to modify an existing separation agreement (post-divorce). Couples turn to me for divorce mediation when:

  • they learn their retainers have been exhausted and they are nowhere near the end of the divorce process;

  • an attorney has been unresponsive;

  • they are frustrated with how long their matter is taking;

  • an attorney is not interested in settling the divorce; or

  • they are disgusted by the behaviors of their attorneys.

And even these couples who mediate after litigation has started realize they have not and will not give up any rights and can resume litigation through their respective attorneys if mediation does not result in settlement. Attorney Kaplan serves as a Massachusetts divorce mediator in all phases of separation and divorce. During your consultation, she will answer your questions about what is a Massacsheutts no-fault divorce, the divorce process and help you weigh your options. She meets clients in Norwell, Quincy and Braintree and offers Zoom meetings and teleconferencing. Your initial call is free. 781-923-1680 www.jrkaplanlaw.com

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