Irretrievable Breakdown Of Marriage As Grounds For Divorce
Under Massachusetts law, specifically M.G.L.A. c. 208, § 1 (A and B), a divorce may be entered based upon an irretrievable breakdown of the marriage between spouses. This is the commonly-phrased “no fault” divorce provision under the Commonwealth family law and probate statutes. An irretrievable breakdown of the marriage occurs when one or both spouses are unable or unwilling to cohabit and there are no prospects for reconciliation. Most often a simple statement by one party that the marriage cannot be reconciled is sufficient; however, in some cases judges want additional information to ensure that the marriage cannot be saved.
Some ways that a plaintiff can prove that a marriage is irretrievably broken include:
- Show that the parties have been separated for a long period of time;
- Submit evidence that the parties have unsuccessfully tried counseling;
- Indicate previous failed attempts at reconciliation;
- State that the disagreements between the parties are severe; and
- Showing the court a level of unhappiness.
For additional facts and information about divorce filings and using irretrievable breakdown of the marriage as a basis for divorce, contact our office today. We can be reached by phone or email, and we offer a free, private consultation to discuss your options.
Our firm serves all courts Boston as well as Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.
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Practice Areas
- Annulment
- Child Support
- Division of Marital Property
- Divorce
- Divorce Mediation
- Domestic Abuse
- Paternity
- Post Divorce Modifications
- Pre-Marital Agreements
- Spousal Support & Alimony
- Same Sex Divorce and Domestic Partnership Termination
- Learn More
- About Divorce in Boston Massachusetts
- Actions to Determine Marriage Validity
- Affirmative Defenses & Counterclaims in Massachusetts Divorce Cases
- What to Expect in Attorney Fees and Costs in Divorce in Massachusetts
- Automatic Restraining Orders in Divorce Actions
- Guide to Boston Divorce Mediation
- Closely Held and Small Business Valuation in Massachusetts Divorce Cases
- Complaint Forms for Divorce
- Conscionability of Prenup Agreements
- Crossover of Bankruptcy and Divorce in Boston
- Department of Revenue Involvement in Child Support Matters
- Discovery In Boston Massachusetts Divorce Matters
- Divorce Service by Publication
- Domicile and Residency Requirements to File for Divorce in Massachusetts
- Guide to Massachusetts Divorce Separation Agreements
- Family Residence Disposition at Divorce
- Financial Statements Required in Divorce Cases
- Format Of Discovery Motions In Divorce Cases – Massachusetts
- Grounds for Divorce in Massachusetts
- Guide to Collecting on Past Due Arrears for Child Support, Spousal Support and Family Law Judgments in Massachusetts
- Hearings in Family Law Cases
- Irretrievable Breakdown Of Marriage As Grounds For Divorce
- Guide to Financial Disclosure in Massachusetts Divorce Cases
- Massachusetts Child Support Guidelines
- Mental Examinations In Dissolution of Marriage Proceedings
- Motions For Financial Relief In Divorce Cases
- Next Friend Parties in Divorce
- Orders Of Removal From Family Residence In Divorce
- Parental Kidnapping Prevention Act and Custody in Massachusetts
- Parties to Divorce Cases
- Pension and Other Employment Benefits and Divorce
- Post-Judgment Enforcement of Orders and Decrees
- Post-Judgment Motions to Assign Previously Unassigned Property in MA Divorce
- Premarital Agreements – Fairness Determination
- Property Division and the Length of Marriage
- Protective Orders In Discovery Disputes In Divorce Matters
- Relationship Between Alimony And Property Assignment In Divorce
- Requests for Admissions Discovery In Divorce
- Restraints On Leaving State With Child During Divorce
- Separate Property Can Be Assigned To The Other Spouse In Divorce
- Separate Support Actions in Massachusetts
- Service of Summons Process in a Divorce Case
- Special Interrogatories In Divorce Cases
- Support Escalator Clauses in Marital Settlement Agreements
- Temporary Child Custody Orders Boston
- There is No Presumption of Joint Custody in Massachusetts
Request Private Consultation
Discover why our clients return to us and recommend us to their friends and acquaintances. Contact us today and put one of Massachusett’s preeminent family law firms to work for you.
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