Divorce Law: Grounds for Divorce in Massachusetts

May 5, 2023 Amanda

Divorce Law: Grounds for Divorce in Massachusetts

Grounds for Divorce in Massachusetts	Description
Adultery	One spouse has engaged in sexual intercourse with someone other than the other spouse.
Cruel and abusive treatment	One spouse has inflicted physical or emotional harm on the other spouse.
Desertion	One spouse has abandoned the other spouse for at least one year.
Gross and confirmed habits of intoxication	One spouse has a severe and continuing drinking or drug problem that has a negative impact on the marriage.
Non-support	One spouse has refused or neglected to provide support to the other spouse for at least one year.
Impotency	One spouse is unable to engage in sexual intercourse and this condition existed at the time of the marriage.
Irretrievable breakdown of the marriage	The marriage has broken down irretrievably and there is no likelihood of reconciliation.

Introduction

The following are the most common grounds for divorce in Massachusetts:

Irretrievable breakdown of the marriage (no-fault)
Adultery
Cruel and abusive treatment
Desertion
Gross or wanton neglect

It’s important to note that fault-based divorces often require more evidence and may take longer to process than no-fault divorces. Additionally, certain grounds for divorce may affect issues such as property division or spousal support. Consulting with an experienced family law attorney can help you understand your options and navigate the divorce process with confidence.

Definition of Divorce

Divorce is a legal process that ends a marriage. In Massachusetts, divorce proceedings are governed by state law and typically involve issues such as property division, spousal support, child custody, and child support.

The following are some important terms to know when it comes to divorce:

Petition for Divorce: This is the initial document filed with the court to start the divorce process.
No-Fault Divorce: A divorce based on irretrievable breakdown of the marriage rather than fault-based grounds such as adultery or cruelty.
Separation Agreement: A written agreement between spouses that outlines how they will handle issues such as property division, spousal support, and child custody without involving the court.
Judgment of Divorce Nisi: The final order issued by the court at the end of a no-fault divorce case; becomes final after 90 days unless appealed or modified by agreement of both parties.

Importance of Grounds for Divorce

It’s worth noting, however, that many divorces in Massachusetts are filed under no-fault grounds of irretrievable breakdown of the marriage. This means that neither spouse is blamed for the end of the marriage and issues such as property division and spousal support are determined based on other factors like each spouse’s financial situation and contributions to the marriage.

No matter what grounds for divorce you choose to pursue, it’s important to consult with an experienced family law attorney who can help you understand your legal rights and options throughout every step of the process.

Overview of Massachusetts Divorce Laws

In addition to these issues, divorcing couples in Massachusetts may also need to address matters related to health insurance coverage, retirement accounts, taxes, and more. Consulting with an experienced family law attorney can help ensure that all necessary legal considerations are taken into account throughout every step of your divorce proceedings.

No-Fault Divorce

No-fault divorce is a type of divorce that does not require either spouse to prove that the other did something wrong in order to end the marriage. In Massachusetts, no-fault divorce is based on irretrievable breakdown of the marriage.

The following are some benefits of pursuing a no-fault divorce:

It can be less emotionally stressful since it focuses on dividing assets and resolving other practical issues rather than placing blame on one spouse or the other
It can often be resolved more quickly and with less expense than a fault-based divorce
It can allow both spouses to move forward more easily after the end of their marriage

If you’re considering filing for divorce in Massachusetts, an experienced family law attorney can help you understand your options and make informed decisions about how best to proceed.

Explanation of No-Fault Divorce

No-fault divorce is a type of divorce where neither spouse needs to prove that the other did something wrong. In Massachusetts, the only grounds for no-fault divorce is irretrievable breakdown of the marriage. This means that there has been an irreparable breakdown in the marital relationship and there is no hope for reconciliation.

Some important things to know about no-fault divorces in Massachusetts include:

You do not need your spouse’s consent to file for a no-fault divorce
The court may order counseling or mediation before granting a no-fault divorce if it believes there is a chance for reconciliation
A separation agreement can be used instead of going through court proceedings in some cases
The length of time it takes to finalize a no-fault divorce varies depending on factors such as whether you have children and how complex your financial situation is

Requirements for No-Fault Divorce in Massachusetts

If both parties agree that the marriage has irretrievably broken down and all issues related to property division, spousal support, child custody and support have been resolved between them without involving the court then they may choose not to attend court hearings or trial. However if spouses don’t agree on any issue then they will need go through litigation process and may require multiple court hearings.

Benefits of No-Fault Divorce

Keep in mind that every divorce case is unique. Consulting with an experienced family law attorney can help you determine whether a no-fault or fault-based approach would be best suited for your particular situation.

Fault-Based Divorce

Fault-based divorce is a type of divorce where one spouse blames the other for causing the marriage to end. In Massachusetts, fault-based grounds for divorce include adultery, cruel and abusive treatment, desertion, and gross or wanton neglect.

While pursuing a fault-based divorce may seem like a way to hold your spouse accountable for their actions, it’s important to consider that these types of divorces can be more complicated and time-consuming than no-fault divorces. Additionally, certain grounds for divorce may not have an impact on issues such as property division or spousal support.

If you’re considering filing for a fault-based divorce in Massachusetts, it’s essential to consult with an experienced family law attorney who can help you understand your legal rights and options.

Explanation of Fault-Based Divorce

Fault-based divorce is an alternative to a no-fault divorce, where one spouse alleges that the other spouse’s misconduct caused the marriage to end. In Massachusetts, fault-based divorces can be based on adultery, cruel and abusive treatment, desertion or gross neglect of duty.

Here are some things you should know about filing for a fault-based divorce in Massachusetts:

You must provide evidence to prove your grounds for divorce
The process may take longer than a no-fault divorce
If granted, you may receive more favorable terms regarding property division and spousal support
It’s important to work with an experienced family law attorney if you’re considering pursuing a fault-based divorce in Massachusetts

Grounds for Fault-Based Divorce in Massachusetts

If you’re considering filing for a fault-based divorce, it’s important to understand that these cases can be more complex than no-fault divorces. You will need to provide evidence supporting your claims of fault, which may involve presenting testimony from witnesses or providing documentation like text messages or emails.

An experienced family law attorney can help you navigate this process and advocate on your behalf throughout every step of your case.

Proving Fault in a Divorce Case

If you decide to pursue a fault-based divorce in Massachusetts, it’s important to understand that proving fault can be a difficult and lengthy process. The following are some things to keep in mind:

Evidence: In order to prove fault grounds such as adultery or cruelty, you will likely need strong evidence such as witness testimony or physical evidence.
Legal Representation: Because fault-based divorces can be more complex than no-fault divorces, it’s essential to have an experienced family law attorney on your side who understands the legal requirements for proving fault grounds.
Emotional Impact: Pursuing a fault-based divorce can also be emotionally challenging, particularly if issues like adultery or abuse are involved. It’s important to prioritize your own well-being throughout the divorce process and seek support from friends, family members, or mental health professionals if needed.

Common Grounds for Fault-Based Divorce

Filing for a fault-based divorce can be more complicated than filing for a no-fault divorce, as it requires providing evidence to support your claims. Consulting with an experienced family law attorney can help you understand whether pursuing a fault-based divorce is appropriate based on your unique situation and circumstances.

Adultery

If you can provide sufficient evidence of these elements, a judge may grant a divorce based on adultery. However, it’s important to note that proving fault-based grounds like adultery can be difficult and time-consuming.

Additionally, choosing to pursue an adultery-based divorce may have implications for issues such as property division and spousal support. Consulting with an experienced family law attorney can help you understand how pursuing fault-based grounds like adultery may impact your case.

Definition of Adultery

Adultery is one of the grounds for fault-based divorce in Massachusetts. In order to prove adultery, a spouse must show that their partner engaged in voluntary sexual intercourse with someone other than themselves during the course of their marriage.

It’s important to note that evidence of sexual intercourse alone may not be sufficient to establish adultery. The person seeking the divorce must also demonstrate that there was both inclination and opportunity for adultery to occur.

Inclination: Evidence that suggests a willingness or desire on the part of one spouse to engage in sexual activity outside of the marriage
Opportunity: Evidence demonstrating access or ability for a spouse to commit adultery

How Adultery Affects Divorce Proceedings

Adultery is one of the fault-based grounds for divorce in Massachusetts. When adultery is cited as the grounds for a divorce, it means that one spouse has been unfaithful to the other.

If you are pursuing a fault-based divorce on the grounds of adultery, there are several ways this may affect your divorce proceedings:

The court may consider evidence of adultery when making decisions about property division and alimony;
The innocent spouse may be entitled to a larger share of marital property or spousal support if they can prove their financial situation was negatively impacted by their spouse’s affair;
The adulterous partner may face social consequences and damage to their reputation.

Proving Adultery in a Divorce Case

Proving adultery in a divorce case can be challenging, but it is possible. In Massachusetts, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse.

The following are some ways that you may be able to prove adultery in a divorce case:

Testimony from the other spouse admitting to the affair
Evidence of hotel or travel receipts, emails, text messages or photos
Witness testimony from people who saw the adulterous behavior

If you are considering pursuing a fault-based divorce on grounds of adultery, it’s important to work with an experienced family law attorney who can help you gather and present evidence effectively. Your attorney can also advise you on how proving adultery may impact issues such as property division or spousal support.

Desertion

Desertion is one of the grounds for divorce in Massachusetts. It occurs when one spouse voluntarily leaves the marital home without justification and remains absent for at least one year.

In order to prove desertion, the following elements must be established:

The deserting spouse intended to end the marriage
The deserting spouse left without justification or consent from the other spouse
The period of absence lasted for at least one continuous year before filing for divorce

If these elements are not met, a no-fault divorce based on irretrievable breakdown may be a more appropriate option. Consulting with an experienced family law attorney can help you determine which grounds for divorce best fit your situation.

Definition of Desertion

Desertion is one of the grounds for divorce in Massachusetts. It occurs when one spouse voluntarily leaves the marital home with no intention of returning and without justification or consent from the other spouse.

In order to prove desertion, certain elements must be present:

The absence of consent: The deserted spouse did not agree to the separation
The length of time: The deserting spouse must have been absent for at least one year continuously
The intent: The deserting spouse must have had an intent not to return and abandon their marriage

If you are considering filing for divorce on grounds of desertion, it’s important to consult with an experienced family law attorney who can help you understand your legal options and navigate this complex process.

How Desertion Affects Divorce Proceedings

The following are some things to keep in mind if you plan to file for divorce based on desertion:

You will need to prove that your spouse left the marriage without justification and has been gone for at least one year.
If you can’t locate your spouse or they refuse to participate in the divorce proceedings, you may be able to obtain a default judgment of divorce.
If your spouse returns during the course of the proceeding, they may contest the allegations of desertion and argue that they had a valid reason for leaving.

Filing for divorce can be an emotionally charged process with many legal complexities involved. Consulting with a knowledgeable family law attorney can help ensure that your rights are protected throughout every stage of your case, regardless of what grounds you choose to pursue.

Proving Desertion in a Divorce Case

One of the grounds for divorce in Massachusetts is desertion, which means that one spouse abandoned the other without justification or consent and without intending to return.

If you are seeking a fault-based divorce on the grounds of desertion, there are certain elements you will need to prove in order to be successful:

The spouse has been absent from the marital home for at least one year
The absence was intentional and not due to reasons such as military service or hospitalization
You did not consent to your spouse’s departure and have made reasonable efforts to locate them
Your spouse left with no intention of returning

Proving desertion can be a complicated process, as it often involves gathering evidence such as witness testimony or documentation showing your attempts to locate your missing spouse. Consulting with an experienced family law attorney can help you understand what evidence may be necessary in your case and how best to present it in court.

Cruel and Abusive Treatment

Examples of behavior that could constitute cruel and abusive treatment include physical violence, threats of violence, sexual assault or abuse, withholding financial support, or severe emotional abuse.

If you are considering filing for divorce on grounds of cruel and abusive treatment it’s important to consult with an experienced family law attorney who can help you understand your options and protect your legal rights throughout every stage of the process.

Definition of Cruel and Abusive Treatment

The law defines cruel and abusive treatment as any behavior that endangers the safety, health, or welfare of the spouse seeking divorce. It’s important to note that evidence must be presented to support allegations of cruel and abusive treatment in order for this ground for divorce to be granted.

If you are considering pursuing a divorce based on cruel and abusive treatment, it’s critical to work with an experienced family law attorney who can help you understand your legal rights and options throughout every step of the process.

How Cruel and Abusive Treatment Affects Divorce Proceedings

Cruel and abusive treatment is one of the grounds for divorce in Massachusetts. This refers to physical or mental abuse that endangers the safety, health, or welfare of the other spouse. If you are filing for divorce on these grounds, it’s important to work with an experienced family law attorney who can help you navigate the process and protect your legal rights.

Here are some ways that cruel and abusive treatment may affect divorce proceedings:

If there has been a pattern of abuse in the marriage, a judge may be more likely to award custody to the non-abusive parent.
The court may order supervised visitation or limit contact between the abuser and any children involved in order to ensure their safety.
The victim of abuse may be entitled to receive spousal support as well as a larger share of marital property due to their contributions being limited by domestic violence.

Proving Cruel and Abusive Treatment in a Divorce Case

If you believe that you have been subjected to cruel and abusive treatment by your spouse and are considering filing for divorce on those grounds, it’s essential to consult with an experienced family law attorney who can help guide you through every step of the process. Your attorney can work with you to gather evidence of abuse and build a strong case while advocating for your rights and interests throughout every stage of your divorce proceedings.

Impotence

Impotence, or the inability to consummate a marriage, is one of the grounds for divorce in Massachusetts. In order to pursue this ground for divorce, there are certain requirements that must be met:

The impotence must be permanent and incurable.
The other spouse must not have known about the impotence at the time of the marriage.

If these requirements are met, then impotence can serve as a valid grounds for divorce in Massachusetts. It’s important to note that like fault-based divorces, proving impotence may require additional evidence and legal proceedings than no-fault divorces based on irretrievable breakdown of the marriage.

Definition of Impotence

In Massachusetts, impotence is a legal term that can be used as grounds for divorce. It refers to the inability of one spouse to engage in sexual intercourse and must exist at the time of marriage.

Here are some key things to know about impotence as grounds for divorce:

The impotence must be permanent and incurable, meaning that it cannot be treated or cured through medical intervention.
If one spouse knew about the other’s impotence before getting married, they may not use it as grounds for divorce later on.
A court may require medical evidence of the alleged impotence before granting a divorce based on this ground.

How Impotence Affects Divorce Proceedings

In Massachusetts, impotence can be grounds for divorce under certain circumstances. Impotence refers to the inability to engage in sexual intercourse due to a physical or psychological condition.

Here are some important things to know about how impotence affects divorce proceedings:

To use impotence as grounds for divorce, the condition must have existed at the time of marriage and be permanent and incurable.
The spouse seeking the divorce must not have known about the impotence prior to getting married.
The court may require medical evidence from both spouses regarding the alleged impotence.

If you are considering pursuing a divorce on grounds of impotence, it’s important to consult with an experienced family law attorney who can help you navigate this complex area of law and protect your legal rights throughout every step of the process.

Proving Impotence in a Divorce Case

In Massachusetts, impotence can be used as grounds for divorce. However, proving impotence in a divorce case can be challenging and requires substantial medical evidence.

If you are seeking a divorce on the grounds of impotence, you will need to provide evidence that:

Your spouse is physically unable to engage in sexual intercourse
The physical incapacity existed at the time of marriage and has continued without interruption
The incapacity is incurable

To prove these elements, you may need to present medical testimony from doctors or other healthcare professionals who have examined your spouse’s condition.

Alcoholism and Drug Addiction

It’s important to note that Massachusetts law recognizes addiction as an illness and not a moral failing. If you or your spouse is struggling with substance abuse issues during your divorce, consulting with an experienced family law attorney can help ensure your legal rights are protected throughout the process.

Definition of Alcoholism and Drug Addiction

Alcoholism and drug addiction can have a significant impact on a marriage, and may be relevant in divorce proceedings. It’s important to understand what these terms mean in the context of family law.

The following are some definitions of alcoholism and drug addiction:

Alcoholism: A chronic disease characterized by an inability to control drinking, a preoccupation with alcohol, continued use despite adverse consequences, and distorted thinking.
Drug Addiction: A chronic disease characterized by compulsive drug seeking and use despite harmful consequences, as well as changes in brain function that can lead to cravings for drugs even after extended periods of abstinence.

If you or your spouse is struggling with alcoholism or drug addiction, it’s important to seek help from medical professionals or support groups such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA). In addition to improving your health and well-being, getting help for substance abuse issues may also make the divorce process smoother by demonstrating that you’re taking steps toward recovery.

How Alcoholism and Drug Addiction Affects Divorce Proceedings

If you are considering filing for divorce due to your spouse’s substance abuse issues or facing a separation due to your own struggles with addiction, consulting with an experienced family law attorney is essential. An attorney can help you understand your legal options and advocate for your interests throughout every step of the process.

Proving Alcoholism and Drug Addiction in a Divorce Case

It’s important to note that proving alcoholism or drug addiction in a divorce case can be challenging. Working with an experienced family law attorney can help you understand your legal rights and options and navigate this difficult process with confidence.

Mental Illness

When a spouse has a mental illness, it can make the divorce process more complicated. Mental illness may affect many aspects of the divorce proceedings, including property division and child custody.

The following are some important considerations regarding mental illness in Massachusetts divorce cases:

In order to obtain a no-fault divorce based on irretrievable breakdown of the marriage, at least one spouse must testify that there has been an irretrievable breakdown due to mental illness or other causes.
If one spouse is unable to participate effectively in the divorce proceedings due to mental illness, they may need legal representation through a guardian ad litem or attorney for incapacitated person (AIP).
A spouse with severe mental illness may not be able to provide adequate support for their children, which could impact decisions related to child support and custody. In such cases, the court will typically appoint someone else as guardian or custodian for the children.

Definition of Mental Illness

Mental illness is a broad term that refers to a range of mental health conditions that affect an individual’s thinking, mood, and behavior. In the context of divorce proceedings in Massachusetts, mental illness can play an important role in determining issues such as child custody and visitation.

The following are some common types of mental illnesses:

Anxiety disorders
Bipolar disorder
Depression
Eating disorders
Obsessive-compulsive disorder (OCD)
Post-traumatic stress disorder (PTSD)
Schizophrenia

If you or your spouse has been diagnosed with a mental illness, it’s important to consult with an experienced family law attorney who can help you navigate any potential legal challenges during the divorce process.

How Mental Illness Affects Divorce Proceedings

In order to address these issues effectively during divorce proceedings, it’s important for both spouses (and their attorneys) to provide any relevant information regarding mental health conditions and seek professional guidance as needed from therapists or medical providers. An experienced family law attorney can help guide you through this process and advocate for your interests along the way.

Proving Mental Illness in a Divorce Case

In some cases, mental illness may be a factor in divorce proceedings. If one spouse is alleging that the other is mentally ill and that this is contributing to the breakdown of the marriage, it’s important to understand how this can impact the legal process.

Here are some key things to know about proving mental illness in a divorce case:

Evidence: In order for a court to consider mental illness as grounds for divorce, there must be evidence of a diagnosable condition such as depression or bipolar disorder. This evidence might come from medical records or testimony from mental health professionals.
Impact on Custody: Mental illness can play a role in determining child custody arrangements if it affects an individual’s ability to provide proper care for their children. However, courts generally prefer to keep both parents involved in their children’s lives whenever possible.
Spousal Support: A spouse with mental illness may be entitled to spousal support if their condition has limited their earning capacity or ability to work. However, any award of support will depend on factors such as each spouse’s financial situation and contributions during the marriage.

Irretrievable Breakdown

Irretrievable breakdown of the marriage is the most common ground for divorce in Massachusetts. It is a no-fault ground, which means that neither spouse has to prove fault or wrongdoing on the part of the other.

To file for divorce based on irretrievable breakdown, one of two conditions must be met:

The spouses have lived apart continuously for at least 18 months prior to filing for divorce.
There has been an irretrievable breakdown of the marriage and efforts at reconciliation have failed or are not practical.

If you are considering filing for divorce based on irretrievable breakdown, it’s important to understand how this may impact issues such as property division, spousal support, and child custody. Consulting with an experienced family law attorney can help ensure that your legal rights and interests are protected throughout every step of the process.

Definition of Irretrievable Breakdown

Irretrievable breakdown is the most common ground for divorce in Massachusetts. It refers to a situation where a marriage has broken down to such an extent that it cannot be repaired or salvaged.

The following are some important things to know about irretrievable breakdown:

In order to file for divorce based on this ground, one party must swear under oath that the marriage has suffered an irretrievable breakdown.
There is no requirement that both parties agree that the marriage has broken down beyond repair.
This no-fault option allows couples to end their marriages without having to prove fault-based grounds such as adultery or cruelty.

How Irretrievable Breakdown Affects Divorce Proceedings

In Massachusetts, the most common grounds for divorce is irretrievable breakdown of the marriage, which is a no-fault ground. Choosing this ground means that neither spouse needs to prove that the other did anything wrong to cause the end of their marriage.

Here are some ways that choosing irretrievable breakdown as your grounds for divorce can affect your proceedings:

The process may be faster: Because you don’t need to provide evidence or allegations of wrongdoing, proving an irretrievable breakdown can be quicker than proving fault-based grounds like adultery or cruelty.
Issues like property division and spousal support may be resolved differently: With a no-fault divorce, these issues will typically be resolved based on factors such as each spouse’s financial situation and contributions to the marriage rather than who was at fault for causing the end of the relationship.

Proving Irretrievable Breakdown in a Divorce Case

If one spouse contests the allegation of irretrievable breakdown, then the court may order counseling or mediation to try to reconcile differences. If reconciliation is not possible, the court may grant a judgment of divorce after hearing evidence from both parties.

It’s important to note that even if one spouse doesn’t want a divorce or disputes allegations of irretrievable breakdown, it is still possible to obtain a divorce in Massachusetts. Consulting with an experienced family law attorney can help you understand your options and navigate this often complicated process with ease.

Conclusion

Divorce can be a difficult and emotional process, but understanding the legal grounds for divorce in Massachusetts can help you make informed decisions about your future. Whether you’re pursuing a no-fault divorce or filing on fault-based grounds, working with an experienced family law attorney is crucial to ensuring that your rights and interests are protected.

If you’re considering divorce, take the time to research different options for legal representation and find an attorney who has experience handling cases like yours. With the right guidance and support, you can navigate this challenging time with confidence and move forward into a brighter future.

Recap of Grounds for Divorce in Massachusetts

It’s important to remember that choosing a specific ground for divorce may have implications on issues such as property division and spousal support. An experienced family law attorney can help you navigate these complex legal matters with confidence.

If you are considering filing for divorce in Massachusetts, it’s important to understand your legal rights and options. Consulting with an experienced family law attorney can provide valuable guidance throughout every step of the process.

Factors to Consider When Choosing Grounds for Divorce

In some cases, pursuing fault-based grounds for divorce may be necessary or desirable. For example:

If you have concerns about spousal support or property division, alleging fault on the part of your spouse could impact how these issues are resolved by the court.
If you feel strongly that your spouse should be held accountable for wrongdoing such as adultery or abuse, pursuing a fault-based divorce could help you achieve this goal.

No matter what type of divorce you pursue, working with an experienced family law attorney can help ensure that your rights and interests are protected throughout every step of the process.

Final Thoughts on Divorce Law in Massachusetts

Divorce is a difficult and emotional process, but understanding the laws that govern it can help make the process smoother. Here are some final thoughts on divorce law in Massachusetts:

Massachusetts has both fault-based and no-fault grounds for divorce.
No-fault divorces based on irretrievable breakdown of the marriage are the most common in Massachusetts.
The court will consider factors such as each spouse’s financial situation, contributions to the marriage, and needs of any children when making decisions about property division, spousal support, child custody, and child support.

If you’re facing divorce or considering filing for divorce in Massachusetts, it’s important to have an experienced family law attorney by your side. A knowledgeable attorney can guide you through every step of the process and help protect your legal rights and interests.

FAQ on ‘Divorce Law: Grounds for Divorce in Massachusetts’

What is considered ‘adultery’ under Massachusetts law?

Adultery in Massachusetts occurs when a married person engages in sexual intercourse with someone who is not their spouse.

What constitutes ‘cruel and abusive treatment’ for the purposes of divorce?

Cruel and abusive treatment can include physical violence, threats of violence, emotional abuse or neglect.

How long do I have to live in Massachusetts before filing for divorce?

You must have lived in Massachusetts for at least one year prior to filing for divorce, or if the reason for divorce occurred while you were living in Massachusetts then you may file regardless of how long you have been a resident.

Can I still get divorced if my spouse does not agree to it?

Yes. If your spouse contests the divorce, they may make it more difficult and time-consuming but ultimately a judge can grant a divorce even if only one party wants it.