Getting divorced is never easy—emotionally or legally. If you’re living in Massachusetts or thinking about filing for divorce there, understanding the basic divorce laws can help reduce stress and confusion. The good news is that Massachusetts divorce laws are fairly straightforward, and most cases focus on fairness rather than blame.
This guide explains Massachusetts divorce laws in clear, simple language—no heavy legal jargon. By the end, you’ll know the types of divorce, residency rules, property division, child custody, support, and what to expect from the process.
Overview of Divorce in Massachusetts
Massachusetts allows both no-fault and fault-based divorces. However, most people choose no-fault divorce because it’s simpler, faster, and less emotionally draining.
Divorce cases are handled by the Probate and Family Court in the county where either spouse lives.
Residency Requirements: Who Can File for Divorce?
Before filing for divorce in Massachusetts, at least one spouse must meet residency rules:
- Either spouse must have lived in Massachusetts for at least one year, or
- The reason for the divorce must have happened in Massachusetts, and one spouse currently lives there
If you don’t meet these requirements, the court won’t accept your divorce filing.
Types of Divorce in Massachusetts
- No-Fault Divorce (Most Common)
A no-fault divorce means neither spouse has to prove wrongdoing.
There are two types:
- a) 1A Divorce (Uncontested Divorce)
- Both spouses agree on all major issues:
- Property division
- Child custody
- Child support
- Alimony
- You file a joint petition
- This is usually faster, cheaper, and less stressful
- b) 1B Divorce (Contested Divorce)
- One spouse files, and the other may disagree on some issues
- The reason given is an “irretrievable breakdown of the marriage”
- Court involvement is higher than a 1A divorce
- Fault-Based Divorce (Less Common)
Massachusetts still allows fault-based divorce, but it’s rarely used. Reasons may include:
- Adultery
- Cruel or abusive treatment
- Desertion
- Substance abuse
Fault divorces are often longer, more expensive, and harder emotionally.
How Property Is Divided in Massachusetts
Massachusetts follows an “equitable distribution” system.
What Does That Mean?
- Property is divided fairly, not necessarily 50/50
- The judge looks at many factors, such as:
- Length of the marriage
- Each spouse’s income and future earning ability
- Contributions to the marriage (including homemaking)
- Age and health of both spouses
What Counts as Marital Property?
Marital property may include:
- Homes and real estate
- Bank accounts
- Retirement accounts
- Vehicles
- Businesses
- Debts
Even property owned before marriage can be divided if fairness requires it.
Child Custody Laws in Massachusetts
If children are involved, the court’s top priority is the best interests of the child.
Types of Custody
- Legal Custody: Who makes major decisions (education, health care)
- Physical Custody: Where the child lives most of the time
Custody can be:
- Sole custody (one parent)
- Shared custody (both parents)
Courts often encourage shared parenting when it’s safe and practical.
Child Support Rules
Massachusetts uses official Child Support Guidelines to calculate payments.
Factors include:
- Each parent’s income
- Number of children
- Parenting time
- Health insurance and childcare costs
Child support usually continues until the child:
- Turns 18 (or 21 in some cases)
- Graduates from high school or college (up to age 23 in limited situations)
Alimony (Spousal Support) in Massachusetts
Alimony is not automatic. The court decides based on need and ability to pay.
Types of Alimony
- General Term Alimony – Ongoing support after divorce
- Rehabilitative Alimony – Short-term support to help a spouse get back on their feet
- Reimbursement Alimony – Repays one spouse for financial sacrifices
- Transitional Alimony – Helps with adjustment to post-divorce life
How Long Does Alimony Last?
Alimony length often depends on:
- Length of the marriage
- Financial independence of both spouses
Longer marriages may result in longer support periods.
The Divorce Process: Step by Step
Here’s a simplified look at how divorce works in Massachusetts:
- File the divorce petition
- Serve papers to the other spouse (unless joint filing)
- Financial disclosure from both sides
- Negotiation or mediation (often required)
- Court hearing
- Judge issues final divorce judgment
An uncontested divorce may finish in a few months. Contested cases can take a year or more.
Waiting Period After Divorce
After the judge approves the divorce:
- There is a 90-day waiting period before the divorce becomes final
- You cannot legally remarry during this time
Mediation and Parenting Classes
Massachusetts encourages peaceful resolution.
- Mediation helps couples settle issues without a long court battle
- Parents may be required to attend parenting education programs during divorce
These steps help reduce conflict, especially when children are involved.
Do You Need a Lawyer?
You are not required to hire a lawyer, especially for an uncontested divorce. However, legal help may be useful if:
- Property is complex
- Children are involved
- There is disagreement or domestic abuse
Some people use limited legal services to save money.
Final Thoughts
Massachusetts divorce laws are designed to be fair, not punitive. Whether your divorce is contested or uncontested, understanding your rights and responsibilities can make the process smoother and less overwhelming.
If you’re considering divorce in Massachusetts, take time to gather information, stay organized, and focus on practical solutions—especially when children and finances are involved.
Frequently Asked Questions
Is Massachusetts a no-fault divorce state?
Yes. Most divorces are filed under no-fault rules.
How long does a divorce take?
Uncontested cases may take 3–4 months. Contested cases can take a year or longer.
Is property split 50/50?
Not always. The court aims for fairness, not equal division.
Can I get divorced without going to court?
Most cases still require at least one court appearance, even if uncontested.
