Sometimes filing for a divorce isn’t just because the marriage has broken down but because one of the partners may be abusive toward the other. While an order of protection can be filed to try to keep the abusive partner away from the other, they are often violated. Fortunately, there are laws to help people divorce when they are in abusive relationships.
Grounds for Fault Divorces
While Massachusetts is a “no fault” divorce state, meaning that a spouse can file for divorce without listing a specific reason for it, a spouse can also name a “fault” when he or she files for divorce. As divorce lawyers in Taunton will advise you, these are the grounds for a fault divorce:
- One spouse deserting another
- Confirmed alcohol abuse
- Cruel and abusive behaviors
- Not supporting family
- Spouse imprisoned five or more years
A fault divorce is more complicated and some of them can take longer to settle, which is why you should hire divorce lawyers for help. Click here for more details.
In many cases, a fault divorce will be contested by the other spouse. If he or she agrees to the divorce, which would be easier for everyone involved, divorce lawyers can help negotiate things such as child custody, visitation, the division of assets, alimony, and child support. However, if the divorce is contested, it will end up in court and it will usually take time to settle.
A spouse can file for “separation support” if he or she wants to divide the assets or settle issues with their children when separating from his or her spouse. However, if there are no children, a separation doesn’t require going to court as spouses can live separately from each other in different households. A family law attorney at The Law Office of Bruce S. Raphel, PC can help determine if a divorce or separation is best for your situation.