Divorce in Massachusetts
Massachusetts allows both fault and no-fault divorce. The state uses equitable distribution for property division and has two types of no-fault divorce: joint and agreed (1A) and contested (1B). A 1A divorce becomes final 120 days after the court approves the agreement; a 1B case cannot be heard until 6 months after filing and becomes final 90 days after judgment.
Quick Facts
Residency Requirement
1 year if the grounds arose elsewhere
Waiting Period
1A: 120 days after approval; 1B: 6 months + 90 days
Filing Fee (approximate, varies by county)
$200-$300
Property Division
equitable distribution
Grounds for Divorce
- Irretrievable breakdown
- Adultery
- Cruel and abusive treatment
- Desertion
Key Facts
- Massachusetts has two no-fault options: 1A (joint/uncontested) and 1B (contested)
- 1A divorces become final 120 days after the court approves the agreement; 1B cases wait 6 months to be heard, then 90 days
- Property is divided by equitable distribution considering all marital assets
- If the grounds arose in Massachusetts, the filing spouse must live there when filing; if they arose elsewhere, the filing spouse must have lived there for 1 year
- Massachusetts considers the length of the marriage heavily in alimony decisions
Child Custody
Massachusetts courts determine custody based on the best interests of the child. The court considers the happiness and welfare of the child, the ability of each parent to meet the child's needs, and the child's preference if they are of sufficient age and maturity.
Alimony / Spousal Support
Massachusetts reformed its alimony laws in 2012, establishing durational limits based on the length of the marriage. Alimony generally ends when the payor reaches full retirement age. The court considers the length of the marriage, age and health of the parties, and income and employment of each party.
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FAQs
Common questions about divorce in Massachusetts
A 1A divorce is a joint, uncontested no-fault divorce where both spouses agree on all terms and file together. A 1B divorce is a contested no-fault divorce filed by one spouse. Both are based on irretrievable breakdown, but a 1A divorce is faster and less expensive.
Massachusetts sets alimony duration based on marriage length: up to 50% of the marriage duration for marriages up to 5 years, up to 60% for 5-10 years, up to 70% for 10-15 years, up to 80% for 15-20 years, and indefinite for marriages over 20 years.