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Can I say no to no fault and refuse to get divorce under this law ? we are not in agreement

Boston, MA |

this is a adverarial divorce what rights do I have ?

I do not want a no fault divorce

nothing has been settled ,lawyers do not work together none of the assets will be divided because of the lawyers working against us. I will not work with these lawyers my husband needs to work with me other wise the judge will have a lot of work to do

Attorney Answers 4

Posted

If one party wants the divorce, there will be a divorce. A marriage is irretrievably broken if one side wants out. The only issues will be the division of assets, whether there will be alimony (and if so, how much and for how long), and custody of minor children (if any).

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

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Asker

Posted

can I force this to go into fault divorce instead of no fault

Asker

Posted

can I refuse No Fault Divorce I know that the divorce is going through

E. Alexandra Golden

E. Alexandra Golden

Posted

You can argue against it; however, I think you should seriously consider what doing so will or won't get you. It just seems to me that your energies would be better served by helping your lawyer negotiate the best settlement you can get.

Asker

Posted

How come no said that I don't have to let him use No Fault Divorce and I am not going to let him use it if he wants let him find fault he does not have ground

Posted

Either party has the right to divorce in Massachusetts. The "no fault" refers to the fact that you do not need to allege the traditional reasons for divorce (abuse, infidelity, etc.) in order to obtain a divorce. You can make the process more adversarial if you want, but you cannot prevent the divorce.

If you are not enjoying the legal process--and especially if you do not want to get divorced--you may want to consider divorce mediation.

I am not your attorney and am therefore giving only general advice. DO NOT rely on this advice to make your decisions. Please see a local attorney, licensed in your state, for further advice.

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Posted

the question is do I have to go no fault which he has filed for or can I force this into fault divorce

Asker

Posted

I have asked to go mediation my husband can not make a decision for him self

Asker

Posted

He has to have his lawyer make all decisions for him . I have ask simple things and my husband can't seem to make even simple decisions by himself and this man I married 47 years ago acts like he is going over the hill I think he is very ill and I can't help him and that is breaking my heart I only want the best for him we won't even be friends when this is over and we have 5 children and 10+ grandchildren that are being destroyed by all this. What is going to happen to our family after he does all this to us. the law should not have the right to do this to us. He is sending mixed messages He emails me let me know he cares, now with this lawyer he is letting the lawyer do things that my husband would never do. My husband doesn't know it yet but he will loses all of his family all because he can't take the blame for anything and he doesn't want any thing that his niece has destroyed or have to accept the blame for what she has done. My husband has decided to make sure I don't get my support money on time and that I don't get my mail so I can't havemy medicine that I need to live. My husband would never have done this to me I tink he has a very bad mental problem and I can't help the man I love

Posted

If you think your lawyer is "working against you," you should try to talk with him/her about your wishes. You can always hire another lawyer if you are still not happy. However, you should consider the cost (financial and emotional) of fighting a divorce since no-fault divorce is allowed in this state. Good luck!

The information you obtain from this Answer is not, nor is it intended to be, legal advice. This Answer is for informational purposes only. If you need legal advice regarding your own situation, please consult an attorney.

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Posted

I do not want to go no fault if he want a divorce he should go fault and then maybe we could get counseling which is what we need after 47 years of marriage

Posted

If your husband has filed for divorce based on the irretrievable breakdown in the marriage, you can counterclaim with a fault based claim. Fault based grounds for divorce are limited: - 1) Cruel and abusive treatment; 2) Utter desertion continued for one year: 3) A prison sentence of five years or more; 4) Confirmed habits of intoxication by the use of liquor, opium or other drugs; 5) Refusal or neglect to provide suitable support and maintenance for the other spouse; 6) Adultery; 7) Impotency.

Filing a fault based counterclaim will not stop the divorce process; it will simply allow you to assert a stronger argument for alimony, division of assets, and other damages.
Be careful what you allege in your counterclaim because you should have a good faith belief in what you claim and you will have to prove the allegations -- that can be very difficult. If you are found to have alleged frivolous claims, you made raise the ire of the probate court and undermine your credibility. It may disadvantage you in a judicial settlement of your divorce.
It will certainly make settlement negotiations much more difficult and probably drive the divorce into trial proceedings, making the process very expensive for both of you. You may be less happy with the court’s decision than with what you could have negotiated.
Remember the Judgment of Solomon.

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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Posted

we are not in mutal agreement and he can not get a no fault divorce unless I agree and no one told me that and they should have

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