Massachusetts Divorce Information
The following information is to provide a basic understanding of the various aspects of divorce in the State of Massachusetts.
You can get more specific information regarding Massachusetts divorce laws using the links provided to Massachusetts divorce laws or at your local library.
This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
Massachusetts Divorce Resources
| Residency Requirements | One of the following residency requirements must be met:
- Spouses must have lived together in the commonwealth as husband and wife;
- The person filing for the divorce must have lived in the state for at least 1 year prior to filing;
- The cause of the divorce occurred in the Massachusetts and the person filing is a resident of the state; or
- The cause for divorce happened in another state, the spouses lived together in Massachusetts, and at least one spouse is a Massachusetts resident.
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| Where to File | Actions for divorce shall be filed, heard and determined in the probate court, held for the county where one of the parties lives, except that if either party still resides in the county where the parties last lived together, the action shall be heard and determined in a court for that county. In the event of hardship or inconvenience to either party, the court having jurisdiction may transfer such action for hearing to a court in a county in which such party resides.
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| Grounds for Divorce | A divorce from the bond of matrimony may be adjudged for
- Adultery
- Impotency
- Utter desertion continued for one year next prior to the filing of the complaint
- Gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs
- Cruel and abusive treatment
- A spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse
- An irretrievable breakdown of the marriage
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| Property Distribution | Massachusetts is an "equitable distribution" state. The court has full discretion to divide the real estate and all marital property, which includes any gifts or inheritances, and pension benefits. The following factors are generally considered: age and health, length of marriage, vocational skills, occupations, contributions in acquisitions, employability of spouses, and custody. Marital conduct is not a consideration in the division of any property. |
| Child Custody | Upon a judgment for divorce, the court may make such judgment as it considers expedient relative to the care, custody and maintenance of the minor children of the parties and may determine with which of the parents the children or any of them shall remain or may award their custody to some third person if it seems expedient or for the benefit of the children.
In making an order or judgment relative to the custody of children, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine their custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral or emotional health. |
| Child Support | In determining the amount of the child support obligation or in approving the agreement of the parties, the court shall apply the child support guidelines promulgated by the chief justice for administration and management, and there shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered.
If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. |
| Spousal Support | Upon divorce or upon a complaint in an action brought at any time after a divorce, whether such a divorce has been adjudged in this commonwealth or another jurisdiction, the court of the commonwealth, provided there is personal jurisdiction over both parties, may make a judgment for either of the parties to pay alimony to the other.
The following is used in determining the length of spousal support:
- If the length of the marriage is 5 years or less, general term alimony shall continue for not longer than one-half the number of months of the marriage.
- If the length of the marriage is 10 years or less, but more than 5 years, general term alimony shall continue for not longer than 60 per cent of the number of months of the marriage.
- If the length of the marriage is 15 years or less, but more than 10 years, general term alimony shall continue for not longer than 70 per cent of the number of months of the marriage.
- If the length of the marriage is 20 years or less, but more than 15 years, general term alimony shall continue for not longer than 80 per cent of the number of months of the marriage.
- The court may order alimony for an indefinite length of time for marriages for which the length of the marriage was longer than 20 years.
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Massachusetts Divorce Attorneys by County
Click on any MA county below to find a divorce attorney in your area.
Massachusetts Divorce Mediators by County
Click on any MA county below to find a divorce mediator in your area.
DISCLAIMER:
This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.
The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.
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THIS WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.
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