Understanding Types of Divorce

Understanding Types of Divorce

In Massachusetts, a divorce can be “no-fault” or “fault” and can be contested or uncontested. What type is right for you?


Contested means one person disagrees with the divorce or terms of the divorce.

Uncontested means that both people agree about the terms.



No Fault is a divorce where the marriage is broken but neither spouse is to blame.

There are two kinds of No Fault divorce. When both parties agree the marriage is over and they have reached an agreement about marital assets, child support, alimony, child custody, they will file a 1A divorce.

A 1B divorce is when one or both of the spouses are not in agreement about custody, child support, alimony, and/or marital assets. This is called a Contested No Fault divorce.



Fault means that one person is considered at fault in causing the marriage to end.

A Fault Divorce is when one of the spouses are asking for a divorce based on a specific reason, such as adultery, desertion, cruel and abusive treatment, gross and confirmed habits of intoxication. This type of divorce is more time consuming and expensive.

If you’re thinking about divorce, consider hiring a lawyer to help you with decisions and/or negotiations regarding child support, alimony, child custody, and/or dividing marital assets.

Contact Johnson, Sclafani & Moriarty, today for a free in office evaluation. 413-732-8356.