Fault divorce

tigerkeet -

if life is that miserable for you then move out, live on your own and wait out the residency requirement. You have every legal right to do so without damaging any of your entitlements - but you can also file a separation agreement with the court if it is anything you are concerned about.

I STRONGLY suggest you utilize the above option instead of lying to the court for two reasons #1 it is a jailable & fineable offense and #2 when it comes out that you have lied you will end up married for a hell of a long time or it will cost you a bucketload of money because you wll have damaged your credibility with the court.

sorry... couldn't spell...

What you are talking about is perjury, plain and simple, and that is against the law, even if it's a false allegation against yourself!!!  (at least the way I understand it, but check with a lawyer)

Do you really want to file on false allegations (even if you can file as a petitioner for adultery)?

Do you really want to risk breaking the law by falsely filing for divorce, even if it is you thinking about saying that you had an affair even if you haven't?

My thoughts are that's pergury and you can get in trouble with the law for that, but I'm not sure.

Does it matter who can file on the grounds for adultery if it is knowingly lying (since you state empahtically that neither of you really HAS committed adultery) simply so you don't have to wait for the residencey requirements?

Too risky for my blood at least...I wouldn't want to risk going jail and having it on my permanent record that I intentionally lied to get divorced more quickly...

Sounds like a question for Spaz, definitely, but my guess is if you aren't a legal resident of that state yet to qualify to file for divorce, call an attorney in your prior state and see if you can file there? I have no clue how that works.

On the cheating, you'd have to actually be able to prove adultery, wouldn't you?

Mass. definitely has adultery as a grounds for divorce, yet they don't specify who can file based on those grounds.  Ex. My spouse and I have not cheated.  I want a divorce. We have not lived here for the full year of the "residency" in order to file based on "irretrievable breakdown of the marriage".  I want to file for divorce, now, however.  If I were to be the cheating party, can I still file (I HAVE NOT CHEATED) as the Petitioner?

There is no such thing as a fault divorce in Mass as far as I know.  I'm in NH and have many friends in Mass that are divorced for many reasons, adultery, abuse etc.  The judges didn't care about faults.  They divided straight according to the law.  Consult an attorney to confirm.

i don't believe it matters who files. but you do need to file correctly...meaning id'ing adultery as the reason.  are you sure MA is a fault state?  there is a white box on this page with all the states divorce laws, so check there.

your spouse has cheated?  have you sought counseling to deal with it?

you've found a great site, with many people who relate.  you sould read this to get started:
http://www.divorce360.com/divorce-articles/filing/general/beginning-checklist-planning-to-file-for-divorce.aspx?artid=355

and

http://www.divorce360.com/infidelity-360.aspx