In Massachusetts, divorce petitioners must evaluate all possible divorce grounds when filing a petition in order to determine what option meets their circumstances. However, no-fault divorce grounds don’t require extensive proof and could prevent unwanted delays. On the other hand, if the fault-based grounds are beneficial to the petitioner, they should use them. Local divorce attorneys in Stoughton explain the differences involved in each opportunity.
Examining the Divorce Grounds
The divorce grounds should identify the exact reason for the breakup of the marriage. In Massachusetts, no-fault divorce grounds are identified as an irretrievable breakdown of the marriage, indicating that neither party was at fault, and no party is assigning blame. This is the most common divorce ground used to secure an uncontested divorce.
Prerequisites for Certain Divorce Grounds
For grounds such as desertion, the petitioner must have evidence of a one-year absence. They must prove that their spouse left without any indication of a return to the marriage. These proceedings may require the petitioner to acquire a divorce through service by the public.
This process requires them to place an ad in the local newspaper to notify their spouse of the impending divorce. The ad must run for a period of six weeks. Once this period has concluded, the petitioner attends a hearing with the judge, if their spouse doesn’t respond. The judge finalizes the divorce during the hearing.
What Evidence Is Required?
Divorce grounds such as adultery require extensive evidence. The petitioner must show that their spouse was involved in an extramarital affair. The evidence may be secured through a private investigator and must be admissible in court under certain conditions. The evidence could include photographs, video footage, and electronic communications. Cell phone records and instant messages are often used to support this claim.
In Massachusetts, divorce petitioners must utilize the most appropriate divorce grounds when filing a petition. This allows the court to evaluate the reason behind the divorce. In some cases, additional evidence is needed to support the claims made by the petitioner. Individuals who need to start this process should hire divorce attorneys Stoughton by visiting the Law Office of Bruce S. Raphel PC for more information today.
