Marriage & Divorce Laws in Massachusetts

Massachusetts Finances, Property and Support

Other Important Topics about Divorce in Massachusetts 

Important Information About Divorce in Massachusetts

What is the waiting period for divorce in Massachusetts?
90 days

Do you need to be separated before filing for divorce in Massachusetts? If so, how long?
No

How is property divided (separate property vs. equitable property) in Massachusetts?
Equitable property

What is the filing fee for divorce in Massachusetts?
$200

Is a joint petition possible in Massachusetts?
Yes

How do you waive the filing fee in Massachusetts?
Use the Affidavit of Indigency Form to request a waiver. Available here: Affidavit of Indigency

What are the annulment rules in Massachusetts?
To get an annulment, you must prove your marriage is void or voidable.

Your marriage is void if:

• One spouse was already married, and the other spouse didn't know

• Spouses are closely related by blood or marriage

Your marriage is voidable if:

• A spouse lacked mental capacity to consent at the time of marriage

• A spouse isn't physically capable of sexual intercourse

• A spouse wasn't of legal age

• Fraud was involved in getting married
  More information: Mass.gov Annulment Eligibility

Is there a faster way to divorce (like summary dissolution in CA) in Massachusetts?
Uncontested is the fastest.

What are the parties in a divorce called in Massachusetts?
Plaintiff/Defendant. If filing jointly, Petitioner A and Petitioner B.

What methods can be used to serve the divorce petition, and can the respondent waive service in Massachusetts?
Service by sheriff or constable; a deputy sheriff may be used if an Affidavit of Indigency is filed.

What are the residency requirements for divorce in Massachusetts?
If the cause occurred outside Massachusetts, the plaintiff must live in Massachusetts for at least one year before filing. If it occurred within Massachusetts, at least one spouse must be a Massachusetts resident.

Does it matter who files first for divorce in Massachusetts?
No

What is the deadline to respond to a divorce petition in Massachusetts?
20 days after receiving the summons and complaint

Are parties required to go to court during divorce in Massachusetts?
In almost all cases, yes. You may request a waiver, but it's rarely granted except under dire circumstances.

Are there pre-divorce requirements (like classes) in Massachusetts?
No

Is separation required before finalizing your divorce in Massachusetts?
No

Is Massachusetts a no-fault divorce state?
Yes, both no-fault and fault divorces are recognized.

If filing for fault, what are the grounds in Massachusetts?

• Adultery

• Desertion

• Gross and confirmed intoxication

• Cruel and abusive treatment

• Non-support

• Impotency

• Prison sentence of 5+ years

Is permanent alimony/spousal support available in Massachusetts?
Yes, indefinite alimony is possible for marriages lasting 20+ years.

What factors determine alimony/spousal support in Massachusetts?
The court considers factors including:

• Marriage length

• Age and health of spouses

• Income and employment prospects

• Economic/non-economic contributions to the marriage

• Standard of living during marriage

• Lost economic opportunities due to marriage

• Other relevant factors

What are the child support rules in Massachusetts?
Massachusetts Child Support Information

What are the rules for military divorce in Massachusetts?
One or both spouses must reside or be stationed in Massachusetts. Uniformed Services Former Spouse Protection Act (USFSPA) and Service Member’s Civil Relief Act (SCRA) apply.

Is there an official spousal support calculator in Massachusetts?
No

Is there an official child support calculator in Massachusetts?
Massachusetts provides worksheets due to changing guidelines. See Mass.gov Child Support Guidelines.

When can you file taxes as a single person in Massachusetts?
If divorced or legally separated by the last day of the tax year.

Is legal separation recognized in Massachusetts?
No, Massachusetts does not recognize legal separation.

Where do you file for divorce in Massachusetts?
In the county where you or your spouse resides. If your spouse remains in the county where you last lived together, file there.

What are the rules for filing for divorce in Massachusetts?
Residency requirement and grounds for divorce.

What is the primary document filed for divorce called in Massachusetts?
Complaint

Can you change your name during divorce in Massachusetts? If so, how?
Yes. Request to resume a former name in your Complaint for Divorce (CJD-101), Joint Petition (CJD-101A), or Counterclaim (CJD-202).

Can you finalize your divorce while pregnant in Massachusetts?
Yes

How do you end a domestic partnership in Massachusetts?
Terminate through the City Clerk's office where the partnership was registered.

Are financial disclosures required in Massachusetts? If so, explain.
Yes. Parties earning under $75,000/year file a short form, those over $75,000 file a long form detailing income, expenses, liabilities, and assets.

Is there free legal help available for divorce in Massachusetts? If so, where?
Free representation for low-income individuals through:

• Civil Legal Aid for Victims of Crime (CLAVC)

• Massachusetts Legal Resource Finder

Does Massachusetts recognize common law marriage?
Only if legally established in another state.

Can divorce documents be e-filed in Massachusetts?
Complaint for Divorce 1B and Joint Petition for Divorce 1A can be e-filed.

Is court attendance required during divorce in Massachusetts?
Yes

Are you required to appear in court at any point in the divorce process in Massachusetts?
Yes, both spouses must attend a hearing to finalize an uncontested divorce. The judge ensures the agreement is complete and in the best interests of children. Approval typically occurs within 30 days after the hearing.

Sources:

https://www.mass.gov/

http://www.masslrf.org/