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?

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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 on January 25, 2012 under Family Law, Maryland

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

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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