How do I go about filing for divorce on the grounds of adultery or should I file no fault?

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How do I go about filing for divorce on the grounds of adultery or should I file no fault?

My husband and I are separated and had been going to therapy until I found out that he has a girlfriend. Should I file a no fault divorce or file on the grounds of adultery? Does it matter how I file? Will how i file change how quickly the divorce is processed or whether or not we have to go to court? We don’t have a house or children. Can I file on the grounds of adultery without a lawyer? He admits that he has a girlfriend so do I still need to prove something?

Asked on August 11, 2012 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I can imagine that you wish to file on fault grounds but understand that any grounds you allege as the basis for the divorce must be proven by you.  Yes, he can admit it.  But he may not want to to the world.  So a no fault divorce may be easier to file if doing this alone.  Good luck.


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