In this episode of the Boston Barrister Podcast, Attorney Kevin Patrick Seaver is joined by Attorney Paola Rossetti to discuss fault divorce in Massachusetts and why it is often discouraged despite remaining available under Massachusetts law.
Together, they explain the legal grounds for filing a fault divorce, including adultery, cruel and abusive treatment, desertion, non-support, gross intoxication, long-term incarceration, and impotence. They also discuss real-life examples from their legal practice, the challenges of proving fault, and why many judges prefer parties to move forward through a no-fault divorce whenever possible.
Whether you are considering divorce or simply want to understand how Massachusetts divorce law works, this episode provides practical insight into fault divorce and when it may or may not be appropriate.
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Disclaimer
This video is not intended as legal advice and does not create an attorney-client relationship. Please consult a lawyer regarding your legal issue.
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Since 1991 Boston attorney Kevin Patrick Seaver has specialized in family law, including divorce and fighting false child abuse allegations and getting DCF cases closed once and for all. Giving parents freedom and happiness.
617-263-2633
kevin@kevinseaver.com
Kevinseaverlaw.com
Transcript:
I’m here today with an assistant attorney in my office, Paula hi Say of everybody. This is attorney, Paula Rossetti. Hi, Paula Rossetti here. Today we’re gonna talk about this episode, Fault Divorce, which I frown upon and so do the judges. Really difficult to prove. And really in the end, you wanna just become unhooked, unhinged, divorced. So the bad conduct behavior of the other spouse, I think it’s just dirty. But we’re gonna go into it today. We’re gonna tell some stories too about some we’ve had that have been very different. The first one is adultery. What does that mean? Paula, you wanna take it? It’s having intercourse with another person who’s not your spouse. Ouch.(…) So in a case I had, a gentleman came in very wealthy, owned his own business. He traveled a lot because of the business. And he said he had a gut feeling something was just a mess. I said, why? He says, well, because my wife was very cold towards me when I come home from my business trips. And so their relationship had really deteriorated. There was no intimacy. So I asked him, what do you wanna do? He says, Kevin, I know she’s cheating on him. He said, all right, what do you wanna do? He says, Kevin, I really need to know. It’s just eating me up. So we found out that she was having intercourse with multiple men. And the evidence that we got was beyond a doubt. And when he saw this, he started just broke down, sobbing, crying. And I said, what’s the problem? You don’t know these people. I said, of course I don’t know these people. He says, Kevin, this one person here is my best man at my wedding. And the other person, he was an usher at my wedding. And I’m like, oh boy. So what do you wanna do? He says, I want out. My marriage is destroyed. And I gotta understand how he felt. I felt terrible for him. So we reached out to the mother and he said, well, this marriage is over. Let us go our own ways. And we did a very short period of time. Mom’s a tune. He calls and says, Kevin, how do we settle this? Because nobody wins from this. If you go and give these pictures and everything to the two men’s wives, because the guys that were having sex with the wife, they too were married. So there was a lot of nonsense going on. And so in the end, my client got what he wanted. He just wanted out. He wanted to go live his own life. And the last time I heard from him, he was very happy and thrilled to be divorced. And by the way, he found happiness. He got remarried. Good for him. He said it isn’t usually how it turns out though. And the courts frown their nose at you trying to show that one spouse has done something that they shouldn’t be doing. The second is where it’s abusive cruelty and where someone is hurting another person, physically, mentally, emotionally, so forth and so on. And that can be difficult to prove, although sometimes not. Because when you’ve got a woman that comes into your office and bruises all over her body and other parts of her exterior, that’s not too hard to prove. And you go get restraining orders, this, that, and anything else. And that person just wanted to get divorced and so did the other party who was being abusive. So you can plead it with fault. I highly recommend you not do that. You’re gonna kind of like know the tone of this talk today. Paula, what do you want to add to the abuses and the cruelty?
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