Everything to Know About Divorce in Massachusetts
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
Thinking about divorce in Massachusetts? You’ll want more than advice from friends or Reddit threads. This guide lays out what actually happens during a divorce. From residency rules to custody and money, we’ll walk you through it.
Prerequisites for divorce in Massachusetts
Residency
You can file for divorce in Massachusetts if:
- You’ve lived in the state for at least 1 year, or
- The reason (grounds) for divorce happened in Massachusetts and you both lived here at the time.
Waiting period
There’s a mandatory 90-day waiting period after the judge approves your divorce agreement. Your divorce becomes final on day 91.
Separation requirement
You do not need to be separated before filing or finalizing a divorce.
Grounds: fault or no-fault
Massachusetts allows both:
- No-fault divorce: "Irretrievable breakdown of the marriage"
- Fault-based divorce: Includes adultery, desertion, substance abuse, cruelty, or refusal to support
Most couples file under no-fault (called a 1A or 1B divorce depending on agreement status).
How to file for divorce in Massachusetts
You can file:
- Jointly (1A) if you agree on everything
- Individually (1B) if you do not agree
Steps:
- File a Complaint or Joint Petition: With your local Probate and Family Court
- Serve the other party (if filing alone): Using a sheriff, constable, or certified mail
- Response deadline: 20 days after service
- Court appearance: Most divorces require at least one court date
- Final Judgment: Divorce becomes final after the 90-day waiting period
How much does divorce cost in Massachusetts?
- Filing fee: $200
- Other costs can include service fees, parenting class (if children are involved), and legal or mediation fees.
If you can’t afford the filing fee, request a waiver using the Affidavit of Indigency.
Property and debt division in Massachusetts
Massachusetts follows equitable distribution. Property and debts are divided fairly, not necessarily equally.
Courts consider:
- Length of marriage
- Each spouse’s income, assets, and needs
- Contribution to the marriage (financial and non-financial)
- Age and health
- Conduct (only in extreme cases)
Marital and some pre-marital property may be divided if it was used jointly.
Alimony (spousal support) in Massachusetts
Spousal support is never automatic. If requested, a judge considers:
- Length of marriage
- Earning potential
- Lifestyle during the marriage
- Contributions to household or career
- Health and age of both spouses
Massachusetts allows for:
- General term alimony
- Rehabilitative alimony
- Reimbursement or transitional support
There is no fixed formula, but the alimony reform guidelines provide ranges based on length of marriage.
Child custody and support in Massachusetts
Custody
The court uses the best interests of the child standard and may assign:
- Joint legal/physical custody, or
- Sole custody with visitation
Support
Child support is based on state guidelines and income. Use the Massachusetts Child Support Guidelines Worksheet to estimate your amount.
Each parent must submit a financial statement and child support affidavit.
Military divorce in Massachusetts
You can file if you or your spouse is stationed in Massachusetts. Federal protections like the Servicemembers Civil Relief Act can delay proceedings during deployment.
Legal separation and annulment
- Legal separation (called separate support) is available but rare.
- Annulment requires proving the marriage was invalid due to fraud, bigamy, incapacity, etc.
Can you file for divorce online in Massachusetts?
Some counties accept e-filing. Use the Mass.gov eFiling Portal to check eligibility and submit forms online.
After divorce: what comes next
- Your divorce becomes final 90 days after the court issues the judgment
- You can change your name as part of the divorce
- You’ll file taxes as single if divorced by December 31
- Update wills, beneficiaries, and insurance
Legal help and resources
Divorce in Massachusetts has unique steps—especially the 90-day finalization delay. Whether you file jointly or on your own, understanding your rights and court timelines will help you avoid delays and protect what matters most. Help is available, so schedule a call to learn your options and how Hello Divorce can help.
