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Irretrievable Breakdown Of Marriage As Grounds For Divorce


Under Massachusetts law, specifically M.G.L.A. c. 208, § 1 (A and B), a divorce may be entered based upon an irretrievable breakdown of the marriage between spouses.  This is the commonly-phrased “no fault” divorce provision under the Commonwealth family law and probate statutes.  An irretrievable breakdown of the marriage occurs when one or both spouses are unable or unwilling to cohabit and there are no prospects for reconciliation.  Most often a simple statement by one party that the marriage cannot be reconciled is sufficient; however, in some cases judges want additional information to ensure that the marriage cannot be saved.

Some ways that a plaintiff can prove that a marriage is irretrievably broken include:

  • Show that the parties have been separated for a long period of time;
  • Submit evidence that the parties have unsuccessfully tried counseling;
  • Indicate previous failed attempts at reconciliation;
  • State that the disagreements between the parties are severe; and
  • Showing the court a level of unhappiness.

For additional facts and information about divorce filings and using irretrievable breakdown of the marriage as a basis for divorce, contact our office today.  We can be reached by phone or email, and we offer a free, private consultation to discuss your options.

Our firm serves all courts Boston as well as Bristol County, including the New Bedford, Fall River and Taunton courthouses.  We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.

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