MagentaSkye
New Member
Long story short, been in a platonic(not by my choice) marriage for at least the last 5 years. Because of that, my love for my husband has turned to a friendship type of love, and I'm not wanting to live this way anymore. We live under the same roof, but I'm planning on moving to NY in September. I have not brought up the divorce subject yet and don't plan to till right before I move. The problem is, is that my husband doesn't want to admit we have any problems. Been to counselors and so on, nothing's helped. In the meantime, I've met a wonderful man online and we've known each other for about 4 years, and I'm going to be moving in with him. Will that create more problems legally?
My question is, what will I have to file under to start divorce proceedings?
Here is info from a website I found and I'm totally confused.
No Fault:
Irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.
(A) A. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required.
(B) B. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.
Fault:
Adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse. (Massachusetts General Laws - Chapter 208 - Sections: 1, 1A, 1B and 2)
Any help with this will be much appreciated.
My question is, what will I have to file under to start divorce proceedings?
Here is info from a website I found and I'm totally confused.
No Fault:
Irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.
(A) A. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required.
(B) B. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.
Fault:
Adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse. (Massachusetts General Laws - Chapter 208 - Sections: 1, 1A, 1B and 2)
Any help with this will be much appreciated.
