There are a few ways to get a divorce in Massachusetts.

Traditionally, divorces were brought under M.G.L. c. 208, Section 1, or a "fault" divorce, where one party had to prove: "adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse."

However, Section 1 divorces have become rare due to the enacting of M.G.L. c. 208, Sections 1A and 1B, which allow spouses to be divorced on the ground that the marriage has irretrievably broken down, known informally as a "no fault" divorces.

Section 1A divorces are filed jointly, and are commonly called "uncontested divorces." This means that the parties agree that there has been an irretrievable breakdown, and that there are no issues that they cannot agree upon where the court needs to make a ruling. As such, the parties are required to have prepared several documents in advance of filing a petition for divorce under Section 1A, including financial statements, a written agreement, and proof of attending a parent education class if there were children born of the marriage.

A divorces under Section 1B are still granted independently of fault, but arise where there are issues that the parties cannot agree upon, such as: who will take custody of the children, what is a fair division of marital assets, and what is the amount of child support and alimony that ought to be paid to a dependent, custodial spouse.

These are touchy issues, and due to an unfortunate amount of misinformation on television and in movies, people often come to divorce court with expectations that do not match the legal realities.

It is not true that, "The mother always gets custody." Sometimes this is the case, but sometimes it's in the best interest of the children to be placed with the father, or even the grandparents if neither parent is currently able to care for the children.

The best way to know what will happen in the courtroom is to consult an experienced, local attorney.

The attorneys at the Law Offices of Capano & DeJoie have handled numerous of divorce cases, and can help you at all stages of the sometimes difficult and draining process.

And most importantly, we will always handle your case as we would a member of our own family, with courtesy and respect for the difficult decisions that must be made.

Please contact our firm regarding a free consultation regarding a divorce or any related family law issue.