The following terms are g rounds for a “fault based” divorce in Massachusetts:
- Cruel and Abusive Treatment
This is the most common fault ground. Any prior restraining order should be attached to the divorce complaint as exhibits.
- Adultery
Proof of sexual intercourse outside the marriage is required.
- Impotence
This refers to the inability to perform sexually and not merely the inability to have children.
- Nonsupport
You must prove that your spouse had the ability to support you and that his or her refusal to provide the necessities of life is gross, wanton, and cruel.
- Desertion
for at least one year. Your spouse must abandon you without justification or provocation.
- Gross and Confirmed Habits of Intoxication
caused by voluntary and excessive use of alcohol or drugs.
- Prison sentence for at least five years
even if the actual time spent in jail is less than five years. You should file a certified copy of the conviction with the court
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