Does a Party Have to Prove Fault on the Part of the Other Spouse to Obtain a Divorce?

Massachusetts has no-fault and fault-based grounds for divorce.  Fault based grounds in Massachusetts are rarely used.  With no-fault grounds, either party may bring a complaint for divorce based upon the marriage being “irretrievably broken.”  If parties are unable to settle their divorce, the parties’ conduct is taken into consideration by the judge when a determination is made on the issues of alimony and property division, but is not alone determinative.  Neither party can prevent the other from getting divorced if the complaint is based upon grounds of irretrievable breakdown.