This is a very common question. The good news is that the answer is pretty simple: no, grounds are not a necessity for divorce in Massachusetts. While Massachusetts still has statutes relating to divorce on the basis of such things as adultery or desertion, there is generally no reason to pursue a divorce under such circumstances.
Massachusetts, like every other state, has laws providing for so-called “no fault” divorces. What is a no fault divorce? In Massachusetts a no fault divorce is generally based on “irreconcilable differences” or an “irretrievable breakdown of the marriage” and therefore the person seeking the divorce needs to prove no specific reason for pursuing the divorce. However, a fault divorce is just the opposite; the party pursuing the divorce for grounds — let’s use adultery as an example — must go through the processing of proving that there was in fact an adulterous relationship.
Pursuing divorce based on grounds is usually more complicated (and therefore more costly) than a no fault divorce. While there is undoubtedly a lot of pain associated with an unfaithful spouse and while there may be some perceived vidication of proving that an adulterous relationship was in fact happening, the process is more often than not more grueling and can create even more pain than a “simple” no fault divorce.
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