Wellesley Divorce Lawyer

Is Infidelity Grounds for Divorce in Massachusetts?

Infidelity or adultery can be used as the grounds for a fault-based divorce. However, it has fallen out of favor in recent years, as couples often opt for divorces on a no-fault basis. Couples do not need to provide a reason for divorcing if it is no-fault based, only that the marriage has broken down to the point where there is no chance of reconciliation.

If you have questions about the divorce process, please do not hesitate to contact our Wellesley divorce attorney today! Schedule your case review: (888) 209-7080.

Why File Fault-Based Divorce?

Proving that a spouse was adulterous is a difficult task. You would need to have evidence and witnesses to provide to the courts. Evidence may come in the form of photographic or video evidence, or perhaps an exchange of text messaging or emails that lay blame on the spouse. Choosing this route may be a matter of pride as the petitioning spouse can have the satisfaction of knowing that he or she did not contribute to the breakdown of the marriage.

This is why no-fault divorces are more common, whether or not infidelity had a role. However, it is important to note that it can impact how a judge will decide on the outcome of certain issues.

A judge may put the unfaithful spouse at a disadvantage in the following areas:

Ultimately, though, the decisions that will prevail most is what will be in the child’s best interests. So, the judge may order the adulterous spouse to provide more child support or alimony to the other spouse based on this very reason.

Should I Hire a Lawyer?

As with any case involving the laws and the court system, it is always advisable to have a Wellesley divorce lawyer working on your case with you. Saponaro Barach Bingham LLP knows this and can help you have a clearer picture of what the road ahead might look like.

We advocate for our clients’ best interests and walk them through the legal system. We know that this is a difficult time—that is why we are here to help. Contact us today to discuss your case!

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