Divorce in Massachusetts: Laws, Requirements, and Process
A complete guide to getting a divorce in Massachusetts. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: One spouse must be a resident; if the cause of divorce occurred outside MA, one spouse must have lived in the state for 1 year.
- Waiting period: 30 days after judgment nisi (120 days for contested cases).
- Filing fee: $200 - $275.
Grounds for Divorce
Massachusetts allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Fault-Based Grounds
Massachusetts also recognizes these fault-based grounds for divorce:
- Adultery
- Impotency
- Desertion for one year
- Habitual drunkenness
- Cruel and abusive treatment
- Nonsupport
- Sentence to confinement for 5 or more years
Residency Requirements
One spouse must be a resident; if the cause of divorce occurred outside MA, one spouse must have lived in the state for 1 year.
Property Division
Massachusetts is an equitable distribution state. Massachusetts follows equitable distribution and allows courts to consider all property, including separate property. Courts weigh the length of the marriage, the conduct of the parties during the marriage, each spouse's age, health, station, occupation, income, and earning capacity, and the contribution of each spouse to the acquisition of property.
Alimony / Spousal Support
Massachusetts reformed its alimony law in 2012. The law establishes four types of alimony: general term, rehabilitative, reimbursement, and transitional. Duration is capped based on the length of the marriage, and alimony generally terminates when the recipient reaches full retirement age or either party dies.
Child Custody
Massachusetts courts determine custody based on the best interest of the child. The court considers the happiness and welfare of the child, the child's relationship with each parent, the stability of each home environment, and whether there is any history of abuse.
Child Support
Massachusetts uses the income shares model. Child support guidelines consider both parents' gross incomes, the number of children, health insurance costs, childcare expenses, and other relevant factors.
Filing Fee
The filing fee for divorce in Massachusetts is $200 - $275. Fee waivers may be available for those who cannot afford to pay.
Massachusetts court divorce resources
Related Resources
Frequently Asked Questions
-
What are the grounds for divorce in Massachusetts?
Massachusetts allows no-fault divorce based on the irretrievable breakdown of the marriage. The state also recognizes fault-based grounds including adultery, impotency, desertion, habitual drunkenness, cruel and abusive treatment, nonsupport, and imprisonment for 5+ years.
-
How long do you have to live in Massachusetts to file for divorce?
If the cause of divorce occurred in Massachusetts, either spouse may file as a resident. If the cause occurred outside the state, at least one spouse must have lived in Massachusetts for 1 year before filing.
-
How is property divided in a Massachusetts divorce?
Massachusetts uses equitable distribution and courts may divide all property, including separate property. Factors include the length of the marriage, each party's contributions, conduct during the marriage, and future needs.
-
How long does a divorce take in Massachusetts?
After a judge approves the divorce, there is a 30-day nisi period (or 90 days for contested cases) before the divorce becomes final. Uncontested divorces typically take 3 to 6 months total. Contested cases can take 1 to 2 years.