Step #1: The Complaint for Divorce, an Aptly Named Document
Hi there,
For most divorcing couples the legal process begins with filing what is called the complaint. This is a form (PDF) which sets out the basic information the Court and the other side need. In addition to the obvious, it asks where you last lived together as this tells the court whether or not you have filed in the right county and whether Massachusetts has jurisdiction.
It lists the children, asks if anyone has filed previously and also asks what are the grounds for divorce. Massachusetts is a "no fault" state, we call it "irretrievable breakdown." In practical terms this means that either a person can get a divorce without the assent of the other party and without having to prove the other party at fault. Which brings me to the fault grounds. We have a lot of choices; irretrievable breakdown (two kinds, with an agreement and without one) and fault grounds:
• Adultery
• Cruel and abusive treatment
• Utter desertion continued for one year
• Sentence of confinement in a penal institution
• Gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium or other drugs
• Gross or wanton and cruel refusal or neglect to provide suitable support and maintenance
• Impotency
I've been practicing 30 years and I've seen a lot of cases where adultery has occurred, this obviously has hurt the non cheating spouse BUT I've only used adultery as the grounds a few times, generally when the client had to declare those grounds in order to comply with certain religious requirements. The reason for this restraint is that Judges tend to frown on using the more dramatic grounds because the complaint is a public document, easily accessible and potentially in the future could be viewed by children, employers etc. As more and more counties get the dockets online this reason has become even more compelling. This doesn't mean that you ignore bad behavior, conduct is one of the areas a Judge must consider if he or she is trying the case, it just means that you cover all types of bad behavior by filing for cruel and abusive treatment. Everyone knows that cheating on your spouse is cruel. Right?
