Do I have to be seperated for a year before I can file for divorce from my husband who is currently committing adultery by living with another woman?

Asked 1/25/2012 under Divorce, Marriage, Alimony | 227 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Kelly Broadbent / Nelson & Broadbent Answered 3 months ago | Contributor This attorney is licensed in Massachusetts

In Massachusetts, there is no requirement that you be seperated for any length of time prior to filing for divorce.

Massachusetts has a no fault divorce, so that you can file for any reason whatsoever, or you can file under fault grounds for adultery.  If you choose to file for a fault based divorce, it is more difficult, since you must prove that the spouse cheated during the time of the marriage, with actual proof of this.

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