If my boyfriend’s wife walked out on him and his then 12 year old daughter almost 4 years ago, can he get a no fault divorce based on abandonment?

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If my boyfriend’s wife walked out on him and his then 12 year old daughter almost 4 years ago, can he get a no fault divorce based on abandonment?

Asked on November 16, 2011 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are confusing things here so let me explain.  Abandonment is a ground for divorce.  A no fault divorce does not require that there be grounds cited.  That is why it is called a no fault divorce.  Each state now has a no fault divorce on the books.  Whether it is called irreconcilable differences or that the marriage irretrievably broken, it all means the same thing in theend: that the parties want out without pointing fingers. In Massachusetts it is called an irretrievable breakdown of the marriage. There is no ground for divorce based upon abandonment. Your boyfriend needs to get him self an attorney as soon as he can to discuss the issues of custodyand child support along with the issue of the divorce.  Good luck.


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