Written by Sophia Caprio - Caprio Law

Updated on: September 2, 2026

If you are considering ending your marriage, you most likely have several questions about what you will need to do before you can begin the divorce process. One of the first issues you will have to address is the legal reason, or “ground,” for your divorce. Fortunately, Massachusetts recognizes both no-fault and fault-based grounds, which means that you may pursue a divorce without accusing your spouse of wrongdoing, or you may cite specific marital misconduct when the circumstances warrant doing so. For many people, the most practical approach is to proceed on a no-fault basis, even when difficult or painful issues contributed to the breakdown of the marriage. In other cases, fault-based grounds may be worth considering, but only after carefully weighing the potential benefits against the added time, expense, and conflict that can come with proving fault. Please continue reading to learn more about the grounds for divorce in Massachusetts and how a divorce lawyer from Caprio Law can help you determine which option is right for you. Here are some of the questions you may have:

What Is a No-Fault Divorce in Massachusetts?

Simply put, a no-fault divorce allows you to end your marriage without having to prove that either spouse was responsible for its failure. Instead, you will cite an “irretrievable breakdown of the marriage,” which essentially means that your relationship cannot be repaired and there is no reasonable possibility of reconciliation. This allows spouses to move forward without having to present private or painful allegations simply to establish that the marriage should end. There are two primary types of no-fault divorce in Massachusetts:

Section 1A divorce: You and your spouse agree that your marriage has irretrievably broken down and have resolved all relevant terms of your divorce. This means you have reached an agreement concerning property division, alimony, child custody, child support, and any other applicable issue. Because the parties file jointly with a signed agreement, this is often referred to as an uncontested divorce.
Section 1B divorce: You or your spouse may file independently when there are unresolved issues between you or when you cannot agree that the marriage should end. Although this is considered a contested no-fault divorce, most cases resolve with a negotiated agreement. A 1B divorce is often appropriate when one spouse is ready to begin the process, but the parties have not yet resolved all issues.

A no-fault divorce can eliminate the need to prove deeply personal allegations in court. That being said, it is important to understand that “no-fault” does not necessarily mean “uncontested,” as spouses may still disagree over virtually every term of their divorce. For example, spouses may agree that the marriage is over but still disagree about parenting time, support, property division, debt, or who will remain in the marital home.

What Are the Fault-Based Grounds for Divorce in Massachusetts?

Massachusetts law also allows a spouse to file for divorce based on certain forms of wrongdoing or other legally recognized circumstances. The fault-based grounds for divorce are as follows:

  • Adultery: One spouse voluntarily had a sexual relationship with someone outside of the marriage.
  • Impotency: One spouse is physically incapable of having sexual intercourse.
  • Utter desertion: One spouse left the marriage without justification and remained away for at least one year before the divorce complaint was filed. To prove desertion, the spouse seeking the divorce must generally show that the other spouse left voluntarily, without justification, without consent, and with the intent not to return.
  • Cruel and abusive treatment: One spouse engaged in physical or emotional abuse, caused harm, or created a reasonable fear of serious injury.
  • Gross and confirmed habits of intoxication: One spouse has an ongoing pattern of excessive alcohol or drug use.
  • Failure to provide suitable support: One spouse, despite having the financial ability to provide support, grossly, wantonly, and cruelly refused or neglected to do so.
  • Imprisonment: One spouse received a prison sentence of five years or longer.

You should note that simply accusing your spouse of one of these behaviors is not enough to obtain a fault-based divorce; you will need to present evidence that proves the asserted ground, which can make your divorce significantly more complicated, costly, and contentious. In practice, fault-based grounds are less common than no-fault filings because proving fault can shift attention away from resolving the actual financial and parenting issues in the case.

It is also important to understand that filing on fault-based grounds does not automatically mean you will receive more property, more alimony, or a more favorable outcome.

How Do I Choose the Right Ground for My Divorce?

The ground you should cite will depend on the specific circumstances of your marriage. Although you may understandably want to hold your spouse accountable for serious marital misconduct, pursuing a fault-based divorce is not always the most practical or economic course of action.

Furthermore, while Massachusetts courts may consider marital conduct when deciding certain issues, alleging fault does not automatically mean you will receive more property, alimony, or a more favorable overall outcome. For this reason, you need to weigh the potential benefits against the additional time, expense, and conflict that may accompany a fault-based case. In many cases, the more important question is not whether you can allege fault, but whether doing so will meaningfully help you reach your goals.

Ultimately, our legal team can assess your circumstances, explain your legal options, and help you select the ground that best protects your interests. At Caprio Law, we can help you understand the difference between a 1A, 1B, and fault-based or no-fault divorce, evaluate the practical impact of each option, and guide you through the process from the initial filing through final resolution.

If you have additional questions or you’re about to go through the divorce process and need an experienced attorney in your corner, contact Caprio Law today.