Maintaining a healthy marriage is a lot of work and, sometimes, even with the best of intentions and efforts, marriages fail. At the Law Office of Heather M. Ward, our Cape Cod divorce lawyer understands the emotional and financial implications of divorce, and knows that having an advocate on your side can prove helpful throughout the process. As you navigate your divorce, be sure to consult with our Cape Cod divorce lawyer for the representation you deserve. 

Fault vs. No-Fault Divorce in Cape Cod

The state of Massachusetts recognizes both fault and no-fault divorces. There are seven grounds for a fault-based divorce in our state, including:

  • Adultery;
  • Desertion;
  • Prison sentence of more than five years;
  • Impotency;
  • Cruel and abusive treatment; 
  • Habitual drunkenness/intoxication; and
  • Non-support.

While you can seek a fault-based divorce, most couples choose to pursue a no-fault divorce. This is primarily because no-fault divorces are typically faster and cheaper than are fault-based divorce cases. A no-fault divorce can be sought when one party to the marriage claims an “irretrievable breakdown” of the marriage. There are two types of irretrievable breakdown/no-fault divorces:

  • 1A divorces. A 1A divorce is an uncontested divorce where both parties to the marriage/divorce are in agreement about issues in the divorce, such as a division of assets. 
  • 1B divorces. In a 1B divorce, the parties are not in agreement about how to resolve issues in a divorce, and therefore the divorce is contested. 

Resolving Issues in a Divorce

In addition to deciding what type of divorce you are going to pursue, you and your spouse will also need to work together to resolve certain issues in your divorce before the divorce can be finalized. Issues that must be resolved include:

  • Division of property, assets, and debts;
  • Child custody;
  • Child support; and
  • Alimony/spouse support. 

Again, if you and your spouse agree about these issues, you can file a petition for a 1A divorce. Otherwise, you will need to attend mediated sessions in an attempt to settle. If you cannot reach a settlement out of court, litigation may be necessary. 

Working with a Skilled Cape Cod Divorce Lawyer 

Working with a skilled Cape Cod divorce lawyer is an important part of the process. Your attorney will not only explain to you the various divorce laws and how to file for a divorce, but will also serve as an investigator, mediator, and negotiator throughout the divorce process. By working with an attorney, you may significantly improve the outcome of your divorce.

Call the Law Office of Heather M. Ward Today 

Pursuing a divorce can be overwhelming, especially if you do not have adequate legal representation. To learn more about divorce in Cape Cod and why you should work with Attorney Heather M. Ward, please call our law office today at (617) 903-8955 or send us a message directly requesting more information.