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Can you file for a fault divorce on the ground of adultery?

Conventional wisdom holds that nearly half of all marriages will end in divorce. Although divorce rates may be high, that ubiquity has not removed certain myths about divorce from the public mindset.

For example, many individuals might assume that behaviors such as adultery should count against the other spouse during the divorce process. But that’s not always the case. In Massachusetts, the answer depends on how the divorce is categorized. State law does allow for a divorce based on seven different grounds for fault, of which adultery is one.

Is a fault-based approach to divorce right for you? After all, if one spouse wants a divorce, he or she will most likely be able to obtain it. In fact, the mere act of the divorce filing may be enough to satisfy a no-fault approach. Although a no-fault divorce is much more common, proving fault may be worthwhile if it impacts certain divorce considerations, such as whether money spent on an affair should be imputed to the marital estate.

Choosing the grounds for a divorce filing are just one of the many ways in which our family law firm helps our clients. Indeed, the decisions may only seem to get bigger and more complicated after that decision has been made. From alimony to property division disputes, we have the experience to protect your rights and advocate for your best interests. If one spouse has incurred substantial debt or attempted to shield assets from the marital estate, we can also work with investigators and forensic accountants to develop a smart strategy.

Source: Huffington Post, “12 Top Divorce Myths,” Daniel Clement, May 24, 2016

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