Legal Question in Family Law in Massachusetts
My wife is gone friday through sunday- staying with friends and out doing god knows what. She is home during the week- although not involved in the care of the kids (13 and 15) or in household things, basically comes in and goes upstairs to the bedroom and ignors us. Can I file using abandonment as the reason? We live in Massachusetts.
2 Answers from Attorneys
You don't need a reason to file for divorce in Massachusetts. It's a no fault state and anyone can file for divorce for any reason, or for no reason at all. File away.... BUT, I do suggest you retain the services of a seasoned family law attorney to make sure you and your children's rights are protected. If you truly are being "abandoned" then you should be compensated for it accordingly.
Although there are "fault" grounds for divorce (Adultery, Impotency, Utter Desertion, Habitual Intoxication, Failure to Provide Support/Maintenance), I never recommend using them because they tend to be a waste of time and money to litigate.
The most commonly used method is the "no fault" divorce (called "Irretrievable Breakdown"), where a spouse may seek and be granted a divorce by simply showing that there has been a breakdown of the marriage and that there is not a reasonable possibility or likelihood that the spouses will reconcile.
The "abandonment" that you have described can certainly be a factor in deciding custody of your children, among other things. You should definitely retain the services of an experienced family law attorney to make sure that your interests are properly represented in the divorce process.