Do I have to be seperated for a year before I can file for divorce from my husband who is currently committing adultery by living with another woman?
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Do I have to be seperated for a year before I can file for divorce from my husband who is currently committing adultery by living with another woman?
Asked on January 25, 2012 under Family Law, Maryland
Answers:
Kelly Broadbent / Broadbent & Taylor
Answered 12 years ago | Contributor
In Massachusetts, there is no requirement that you be seperated for any length of time prior to filing for divorce.
Massachusetts has a no fault divorce, so that you can file for any reason whatsoever, or you can file under fault grounds for adultery. If you choose to file for a fault based divorce, it is more difficult, since you must prove that the spouse cheated during the time of the marriage, with actual proof of this.
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