Divorce

Getting divorced is extremely difficult and emotional for many of our clients.  Certainly, it is not a decision that is easy to make and often takes a long time to reach the final decision.  One of the reasons why getting divorced is difficult is because it is a rather confusing process.  When a person gets divorced they are dealing with the heightened emotional issues of breaking up a family, the legal issues, procedures and guidelines of getting divorced, and the business aspects of dividing marital assets such as bank accounts and the marital home.  At the Law Offices of Robert P. Luber, we understand and are compassionate about how difficult the process can be.  Our goal is to guide you through the process as easily as possible.

Types of Divorce

1. 1A Divorce

This is when both spouses want a divorce and they claim that there is an irretrievable breakdown of the marriage.

1. 1B Divorce

This when one spouse wants a divorce and claims that there is an irretrievable breakdown of the marriage.

Massachusetts Grounds for Divorce

Massachusetts divorce courts accept both no fault and fault grounds for divorce. 

1. No Fault

This type of a divorce is based on the belief that the marriage has suffered “an irretrievable breakdown.”  In order to file a “No Fault” divorce the court requires: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit. either jointly or separately, executed by the petitioners attesting to the fact that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties. 

1. Fault

This type of a divorce is based on specific reasons and typically only accepted in Massachusetts include:

• Adultery
• Impotency
• Desertion for one year
• Habitual drunkenness
• Drug addiction
• Cruel and abusive treatment
• Refusing or neglecting to provide suitable support