What if My Spouse Wants a Divorce but I Do Not in Massachusetts?

Does your spouse want a divorce? If you want to stay married, you may be wondering what options you have available. Legally speaking, there are no tangible options to stop the divorce if they absolutely are committed. Massachusetts is a no-fault divorce state. Either party can opt to get a divorce without approval from their partner. Here, our Peabody divorce attorney explains your options if you do not want a divorce but your spouse does in Massachusetts.

You Cannot Veto a No-Fault Divorce in Massachusetts

Massachusetts recognizes an irretrievable breakdown of the marriage as a ground for divorce under G.L. c. 208, §§ 1A and 1B. A divorce under § 1A requires both spouses to participate in a joint petition, state that the marriage has irretrievably broken down, and submit a separation agreement addressing the relevant financial and family-law issues. If one spouse does not want the divorce, that joint procedure is generally unavailable.

However, the spouse seeking the divorce may instead file an individual complaint under G.L. c. 208, § 1B. The statute specifically permits a divorce action based on irretrievable breakdown without the signed statement and dissolution agreement required for a § 1A case. Therefore, one spouse’s refusal to agree that the marriage is over does not give that spouse a legal veto over the divorce. 

Refusing to Agree Can Turn the Case Into a Contested Divorce 

In Massachusetts, a § 1B divorce is considered a contested no-fault divorce. It is used not only when one spouse wants to remain married, but also when both spouses want a divorce but cannot resolve issues such as custody, parenting time, child support, alimony, or division of marital property. To be clear, not being able to prevent the divorce does not mean that the other spouse gets to dictate its terms. A spouse who does not want the marriage to end retains the right to litigate disputed financial and parenting issues.

Temporary Orders May Be Necessary While the Divorce Is Pending 

A spouse who wants to preserve the marriage should also understand that important legal issues may arise long before the final divorce judgment. Depending on the circumstances, temporary orders may address custody, parenting schedules, child support, spousal support, use of the marital home, and other immediate issues. The statute also permits the court to refer the spouses or their children for marriage or family counseling. If reconciliation remains possible, the spouses can voluntarily pursue counseling, mediation, or other efforts to repair the relationship. Legally, though, once one spouse remains committed to proving an irretrievable breakdown, Massachusetts law provides a path to divorce even without the other spouse’s consent.

Speak to a Divorce Lawyer in Massachusetts

At Reade Law Firm, PC, our Massachusetts divorce attorney is committed to protecting the rights of clients. If you have any questions about the divorce process, please do not hesitate to contact us today. From our law office in Peabody, we handle family and divorce cases throughout the broader region in Massachusetts.