Dissolution of Marriage Springfield Lawyers

At Sclafani & Moriarty, Attorneys at Law, we have spent more than 25 years helping individuals throughout Massachusetts with their marital dissolution concerns.

Whether you have property division issues, support or child custody concerns, we will stand by your side and show you what options will best protect your rights.

Contact our experienced marriage dissolution lawyers today to schedule a free in-office case evaluation.

Guidance Through All Aspects of Marital Dissolution in Massachusetts

The decisions you make during a divorce will affect you and your family for the rest of your life. We understand this concept and strive to ensure you are fully informed of all your options. By listening to your goals, we are able to develop strategies to effectively and efficiently achieve them.

You can rely on us to help you through all the difficult choices you have to make, whether they involve property division, debt division, alimony/spousal support, child custody or visitation. Not only are we experienced family law attorneys, but we also have an extensive knowledge of the bankruptcy laws and can help you if your divorce will leave you financially unstable.

What Are the Legal Grounds for Dissolution of Marriage in Springfield, Massachusetts?

Dissolution of marriage, legally termed a divorce in Massachusetts, is governed by state law under Chapter 208 of the Massachusetts General Laws. Residents of Springfield file their divorce actions through the Hampden Probate and Family Court. To petition for a divorce in Springfield, a filing spouse must establish statutory legal grounds. Massachusetts recognizes two primary categories of legal grounds: no-fault and fault-based. 

No-Fault Grounds

The vast majority of marital dissolutions in Springfield are filed under no-fault grounds, which require no demonstration of marital misconduct. The sole no-fault ground is the irretrievable breakdown of the marriage. This means the relationship has broken down beyond repair, and reconciliation is impossible. No-fault divorces fall under two procedural sections:

• Section 1A (Uncontested): Both spouses jointly agree that the marriage is irretrievably broken and have reached an executed separation agreement covering all terms, including marital asset division, alimony, child custody, and child support. 
• Section 1B (Contested): One spouse files alleging an irretrievable breakdown, but the parties have not agreed upon financial, custodial, or support terms. If the parties reach a settlement later during proceedings, a Section 1B case can convert into an uncontested action.

Fault-Based Grounds

Massachusetts retains seven specific fault-based statutory grounds under M.G.L. Chapter 208, Section 1 and Section 2. A petitioner selecting fault grounds assumes the legal burden of presenting admissible evidence to prove the underlying misconduct in court.

1. Cruel and Abusive Treatment: The most frequently cited fault ground under M.G.L. c. 208, § 1, involving physical violence or severe emotional cruelty that causes injury or a reasonable apprehension of danger to health or safety.
2. Adultery: Voluntary sexual intercourse by one married spouse with someone other than their spouse pursuant to M.G.L. c. 208, § 1.
3. Utter Desertion: Voluntary abandonment of the marital residence by one spouse without justification, without the consent of the other, continuing continuously for at least one year prior to filing pursuant to M.G.L. c. 208, § 1.
4. Gross and Confirmed Habits of Intoxication: Voluntary, excessive, and continued use of alcoholic beverages or drugs under M.G.L. c. 208, § 1.
5. Nonsupport: Cruel or intentional failure or refusal by a spouse who possesses the financial ability to provide suitable support and maintenance for the other pursuant to M.G.L. c. 208, § 1.
6. Impotency: The physical or psychological inability of a spouse to copulate, existing at the time of marriage under M.G.L. c. 208, § 1.
7. Penal Confinement: A spouse’s conviction of a crime resulting in a sentence of confinement for life or for five years or more in a federal penal institution or a penal or reformatory institution under M.G.L. c. 208, § 2.

While fault grounds remain available, they are infrequently used because proving misconduct increases litigation costs and court delays. However, evidence of conduct during the marriage may still be evaluated by Hampden County judges when making statutory determinations regarding alimony awards and equitable asset division under M.G.L. Chapter 208, Section 34. 

Who Qualifies for Alimony in Springfield Dissolution of Marriage Cases?

When navigating a dissolution of marriage in Springfield, few issues generate as much financial uncertainty as spousal support. Commonly referred to in legal statutes as maintenance (or colloquially as alimony), spousal support is not automatically granted to either party upon divorce. Instead, state law and judicial evaluation establish a strict framework to determine whether a spouse genuinely qualifies for post-marital financial support.

Whether evaluating a case under Illinois family law (750 ILCS 5/504) or Missouri statutory standards (RSMo § 452.335)—the primary jurisdictions governing proceedings in Springfield, IL, and Springfield, MO—qualifying for alimony requires proving specific financial thresholds, marital history, and personal circumstances.

1. The Core Threshold: Financial Need vs. Earning Capacity

To qualify for maintenance, the requesting spouse must first satisfy a foundational requirement: demonstrable financial need. Courts do not grant spousal support simply because one partner earns significantly more than the other. Instead, a judge evaluates two key statutory elements:

• Insufficient Property & Assets: Under both 750 ILCS 5/504(a)(1) and RSMo § 452.335.1(1), the court verifies whether the requesting spouse lacks sufficient property (including apportioned marital property and separate/non-marital assets) to provide for their reasonable needs.
• Inability to Self-Support: Pursuant to RSMo § 452.335.1(2) and 750 ILCS 5/504(a)(3), the requesting spouse must be unable to support themselves through appropriate employment, or serve as the custodian of a child whose condition makes outside employment inappropriate.

Note: “Reasonable needs” are typically measured relative to the standard of living established during the marriage (RSMo § 452.335.2(4) / 750 ILCS 5/504(a)(7)), though courts aim for post-divorce financial equity rather than lifelong windfall guarantees. 

2. Key Statutory Factors Courts Evaluate

If the threshold of financial need is established, the court examines statutory factors to determine if an award is appropriate, as well as its duration and amount:

Qualifying Factor	Primary Legal Consideration
Duration of the Marriage	Long-term marriages favor maintenance awards, with fixed percentage-based duration factors applied in Illinois under 750 ILCS 5/504(b-1)(1)(B) and discretionary evaluation under RSMo § 452.335.2(6).
Income & Earning Disparities	Courts evaluate gross incomes, employment history, and realistic present/future earning capacity (750 ILCS 5/504(a)(3); RSMo § 452.335.2(3)).
Domestic & Career Sacrifices	Courts account for intentional career delays or sacrifices made to devote time to homemaking or supporting the other spouse’s education/career (750 ILCS 5/504(a)(4)).
Age and Health Conditions	Physical condition, emotional health, and age-related limitations are weighed under RSMo § 452.335.2(7) and 750 ILCS 5/504(a)(8).
Time Needed for Training	Courts assess the time required to acquire training or education necessary to find suitable employment (RSMo § 452.335.2(2); 750 ILCS 5/504(a)(5)).

3. Misconceptions: What Does Not Disqualify You

Several common myths surround spousal maintenance in Springfield courts:

• Gender Neutrality: Statutory provisions under both Illinois and Missouri law are explicitly gender-neutral. Men and women qualify under identical financial and statutory criteria.
• Marital Misconduct: In Illinois, 750 ILCS 5/504(a) explicitly directs courts to award maintenance “without regard to marital misconduct”. In Missouri, conduct during marriage is considered under RSMo § 452.335.2(9), but misconduct alone does not automatically disqualify a needy spouse.
• Employment Status: Having a job does not automatically bar an award. If working full-time leaves a gap between earning capacity and reasonable post-dissolution needs, supplemental support may still be granted.

Types of Support You May Qualify For

Depending on individual circumstances, qualifying spouses generally receive one of three primary formats of maintenance:

1. Fixed-Term Maintenance: Support granted for a set period to enable job skill acquisition or re-entry into the workforce (750 ILCS 5/504(b-1)(1)(A); RSMo § 452.335.3).
2. Reviewable Maintenance: Granted for a designated time window, after which the court reassesses financial progress under statutory guidelines before continuing, modifying, or terminating support.
3. Indefinite / Long-Term Maintenance: Reserved for long-term marriages or cases where age/disability renders self-sufficiency unrealistic (750 ILCS 5/504(b-1)(1)(B); RSMo § 452.335.3).

Always Protecting the Best Interests of Your Children

Whether you are facing a child custody battle, have visitation concerns or are dealing with other issues relating to well-being of your children, we can help. At our Massachusetts law firm, we always focus on protecting the best interests of the children involved. We can explain, in detail, how each decision you make will affect your children’s future.

Take Control of Your Life With a Dissolution of Marriage Lawyer

For personal attention and effective representation through the dissolution of your marriage, contact the West Springfield Law Offices of Sclafani & Moriarty for a free in-office initial consultation with one of our attorneys.

Last Updated: October 2026