- A state will determine its own individual reasons for no-fault divorces.ring image by Jens Klingebiel from Fotolia.com
Many states simply require the couple to state "irreconcilable differences" or "irremediable breakdown of the marriage" to obtain a no-fault divorce. Some states do require a period of separation before the couple can file under these grounds. Depending on the state, the requesting party must submit the required reason in order to be granted a no-fault divorce. - Massachusetts' divorce law requires the parties to undergo certain court procedures in order to obtain a no-fault divorce.Justice image by MVit from Fotolia.com
In Massachusetts, for a couple to file for a no-fault divorce under "irretrievable breakdown of the marriage," certain filing procedures must be started. First a petition will be executed by both parties and the participating attorneys. Second, the two parties must sign an affidavit that the reason is in fact "irretrievable breakdown of the marriage." Finally, the separation agreement must be notarized and signed by both parties. - In Massachusetts, the probate court of the county where at least one party resides will have jurisdiction.gavel image by Cora Reed from Fotolia.com
In order to grant a divorce in Massachusetts, the court hearing the case must make sure it has jurisdictional rights. If the requirements for jurisdiction are not met, the case will be dismissed. One requirement is that at least one of the parties is a resident of Massachusetts if the reason for the divorce happened in Massachusetts. However, if the reason for the divorce happened outside Massachusetts, then one of the parties must be a resident of Massachusetts for a minimum of one year in order for the court to have jurisdiction. Also, any divorce proceedings must go through the probate court in the county where at least one spouse resides. If going through that particular probate court is an inconvenience to the other party because he does not reside in that particular county, the probate court is permitted to have the case transferred to the county where the other spouse lives. - Alimony is not automatically included or excluded when a no-fault divorce is filed and granted.la rencontre image by Yves Damin from Fotolia.com
Whether the case was a no-fault or fault divorce, entitlement to alimony is not automatic. Massachusetts' divorce law gives the court the right to determine whether alimony will be granted to one spouse. The court will determine whether alimony is allowed based on the length of the marriage, the parties' conduct, age, social class, financial stability, occupation and employability of each party. If the court deems it necessary, one spouse may have to provide continuing health insurance coverage to the other spouse either through his employment or out of pocket. - Massachusetts has several grounds for filing a fault divorce suit.couple fight image by Allen Penton from Fotolia.com
The main difference between a no-fault divorce and a fault divorce is based on whether one of the parties has done something to cause the suit for dissolution of marriage. For instance, when a no-fault divorce suit is filed, the requesting spouse is stating that the other party did nothing wrong to cause the divorce. However, when a requesting party files a "fault" divorce, he is placing blame on the other spouse for causing the divorce through certain actions such as cruelty or adultery. A person cannot contest a no-fault divorce but she can contest a fault divorce.
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