Massachusetts Divorce Law

Residency Requirements

If the grounds for divorce occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year. The divorce should be filed for in the county in which the spouses last lived together. If neither spouse currently lives in that county, then the divorce may be filed for in a county where either spouse currently resides.

Legal Grounds for Divorce

No Fault Divorce:        

• Irretrievable breakdown of the marriage (may be filed for either with or without a separation agreement. For no-fault divorce filed in conjunction with a separation agreement, see below under Simplified Or Special Divorce Procedures.)

General or Fault Based Grounds:        

• Impotence        
• Imprisonment for over 5 years.        
• Adultery        
• Alcoholism and/or drug addiction.        
• Desertion without support of spouse for 1 year before the filing for divorce.        
• Cruel and inhuman treatment.        
• Nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse.

Legal Separation in Massachusetts:

The grounds for legal separation are:        

• A spouse fails without cause to provide support.        
• Desertion        
• Gives the other spouse justifiable cause to live apart.

The court may award support to the spouse and children living apart. If the grounds for legal separation occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year.

Simplified/Special Divorce Procedures in Massachusetts:

An action for divorce on the grounds of irretrievable breakdown of the marriage may be instituted by filing:        

• A petition signed by both spou        
• A sworn affidavit that an irretrievable breakdown of the marriage exists.        
• A notarized separation agreement signed by both spouses.

A marital settlement agreement is an acceptable substitute for a separation agreement. No summons will be required. Such petitions are to be given a speedy hearing. Marital fault is not to be considered in any decision of the court on property division or maintenance. In addition, there are sample divorce forms for use in divorces set out in the Massachusetts Rules of Court Appendix of Forms. A Financial Statement must be filed in all divorce cases. There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms. Finally, in every action for divorce, a Public Health Statistical Report must be filed by each spouse. Copies of this form are available from the offices of the Registers of Probate.

Alimony/Spousal Support in Massachusetts:

Either spouse may be ordered to pay maintenance to the other. The factors to be considered are:        

• The contribution of each spouse to the acquisition, preservation, or appreciation in value of any property, including the contribution of each spouse as homemaker.       
• The length of the marriage.        
• The age and health of the spouses.        
• The occupation of the spouses.        
• The amount and sources of income of the spouses.        
• The vocational skills of the spouses.        
• The employability of the spouses.        
• The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income.       
• The conduct of the parties during the marriage (if the grounds for divorce are fault-based).        
• Any health insurance coverage.        
• The present and future needs of any children of the marriage.

Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement. Health insurance coverage may be ordered to be provided as part of the maintenance award.

Child Custody in Massachusetts:

Custody may be awarded to either or both parents or to a third party. If there is no marital misconduct, the rights of each parent to custody shall be deemed to be equal. The happiness and welfare of the child shall be the factors that the court considers. In making this consideration, the court shall consider:       

• Whether or not the child’s present or past living conditions adversely affect his physical, mental, moral, or emotional health.        
• Whether any family member abuses alcohol or other drugs.        
• Whether either parent has deserted the child.        
• Whether either parent has committed any acts of domestic violence.        
• Whether the parents have a history of being able and willing to cooperate in matters concerning the child.

Joint custody may be awarded if both parents agree and unless the court finds that joint custody is not in the best interests of the child. If the issue of custody is contested and the parents desire some form of shared custody, a shared parenting plan must be submitted to the court. Provisions in a Marital Settlement Agreement relating to child custody will fulfill this requirement.

No court shall make an order providing visitation rights to a parent who has been convicted of murder in the first degree of the other parent of the child who is the subject of the order, unless the child is of suitable age to signify his/her assent to such order, and also provided that until such order is issued, no person shall visit, with the child present, that parent without the consent of the child’s custodian or legal guardian.

Child Support in Massachusetts:

The court may order either parent to provide maintenance, support (including health insurance), and education for any minor child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Reasons for deviation from the Guidelines are:        

• The parent to pay support has other minor children and there are insufficient financial resources available.       
• The parent to pay support has extraordinary expenses (travel-related visitation expenses, uninsured medical expenses, etc.)        
• Other unusual circumstances.

Property Distribution in Massachusetts:

Massachusetts is an “equitable distribution” state. The court may divide all of the spouse’s property, including any gifts and inheritances, based on the following factors:        

• The contribution of each spouse to the acquisition, preservation, or appreciation in value of the property, including the contribution of each spouse as homemaker.        
• The length of the marriage.        
• The age and health of the spouses.        
• The occupation of the spouses.        
• The amount and sources of income of the spouses.        
• The vocational skills of the spouses.        
• The employability of the spouses.        
• The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income.        
• The conduct of the parties during the marriage (if the grounds for divorce are fault-based.)        
• Any health insurance coverage.

Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement.

Disclaimer: The divorce law information provided is for informational purposes only not for legal advice purposes. This information is general in nature. Each jurisdiction has specific code and court procedures. A local divorce attorney is your best source for how divorce is treated in your jurisdiction. Before making any legal decisions we encourage you to consult with a local attorney…do not make decisions based on general state divorce law.