Legal Question in Family Law in Massachusetts

Re: Divorce

No, no, no!

Re: Divorce

The short answer is that infedility is grounds for divorce, but it does not mean he gets it all. It may impact the equitable distribution of assets but it will not mean he will get all the marital assets and you get none.

I would suggest you contact an attorney as soon as possible. If you want a divorce, you may want to file first. If you want to reconcile, then that is another set of issues altogether.

Please feel free to contact me if you have more questions.

Re: Divorce

Infidelity is only one of a number of factors that determines division of assets. If he or any lawyer says otherwise, they are just trying to scare you into a bad settlement.

Throughout the commonwealth, including Bristol county, the courts tend to give low weight to sexual infidelity so long as it did not result in (or include) substantial waste of marital assets or the transmission of a disease, especially incurable or deadly disease. The courts have given up moralizing, with perhaps individual judges occasionally over-emphasizing such issues. As a whole, though, his attorney will be told to move on and get to the marital business as such -- how was the cash flow, what property was accumulated, and what is fair in the long term as a division.

You may NOT have as strong a case for alimony, however. In my experience, Bristol County judges are reluctant to order it in shorter marriages, and 11 years is considered shorter. There is no absolute rule, but a guide is "10-10-10." No alimony is likely in a marriage of under 10 years. Alimony becomes more likely in the second 10 years, as you approach 20. After 20 years, alimony is a firm possibility, and indeed the non-money-maker usually won't be allowed to waive it unless the money-maker gives more than 50% of the marital property. Again, however, there is NO FORMULA. I have successfully argued for alimony in marriages of under 10 years, under specific facts, and was counsel in one case in which the party deserving of alimony in a 27-year marriage instructed her attorney to waive it. The judge was looking daggers at me on this until I made clear that my client had not sought or even suggested the waiver, that I recognized it as an anomaly I would be unable to defend for my client, and indeed that I was going to leave it to the other attorney to justify her client's choice.

I hope that this helps. If you would like a further, private consultation, please feel free to contact me via e-mail.

Re: Divorce

I am sorry that you are going through such a difficult time, and do hope that you have friends and family members who can support you.

I agree with attorney Roth that the issue of your infidelity does not mean that a court would make a drastically uneven division of your marital assets. In other words, he can not take everything.

Depending on the state of your relationship, it might still be possible to file an uncontested joint petition for divorce, and negotiate a settlement agreement that divides your marital estate among you.

If this is not possible, even with the help of attorneys, then it might be necessary to file a complaint for divorce based on irretrievable breakdown of the marriage. If this is the case, you may want to file first.

The fact that you do not have any children simplifies the issues at trial to (i) a division of the marital estate, and (ii) issues of marital support.

Please do not hesitate to contact me should you require any further assistance. I can recommend a fantastic female divorce lawyer in your area.