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No. Citing irretrievable breakdown in marriage is enough to file for a divorce because Massachusetts permits no-fault divorce that only requires one party to want out.

Grounds include: Adultery. Impotency. Desertion for a year prior to the time you petition for divorce. Habitual intoxication with drugs and alcohol. Cruel and abusive treatment. Cruel or wanton negligent or failure to provide suitable support and maintenance despite being able to do so. Irretrievable breakdown of the marriage.

The state of Massachusetts is not a 50/50 state or a community property state. This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states.

As long as the desire to seek a divorce is mutual, then you can seek a divorce as long as you have proof that you have been separated from each other physically for at least 18 months.

It's not uncommon for a spouse to consider dating while their divorce is pending. The short answer to the question 'to date or not to date' is that there is no law in Massachusetts that prevents spouses from dating after separating or divorcing. So yes, you are allowed to date when your divorce is pending.

Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.