There are a few options for a divorce in Massachusetts. Which type of divorce you choose depends on your situation and needs. In some cases, the law will tell you which you can file. However, understanding all the options is helpful so you can make an informed decision when you are filing your paperwork and starting the process.
Mass.gov explains a divorce may be no-fault or fault. A no-fault divorce means that you both agree to divorce and that there is no blame for the divorce other than the marriage is simply not working out. A fault divorce is when one of you is to blame for the divorce. The state allows you to choose the grounds, which is the reason, for the divorce. Grounds include impotency, cruelty, adultery, habitual intoxication, desertion, non-support and incarceration over five years.
Another aspect of your divorce is whether it is contested or uncontested. This is not something you really declare but rather something that becomes clear as you go through the divorce process. You will usually know before you file which type of divorce it is. A contested divorce is where your spouse does not agree with the terms of the divorce. Uncontested is when you both agree. A contested divorce includes any situation where there is no agreement on the terms of the divorce. The court may have to step in and help make decisions, such as child custody. If you agree on everything and the court does not have to make decisions for you, then it is uncontested.
This information is for education only. It is not legal advice.