How long does a divorce take in Massachusetts?

The timeline depends on whether the divorce is uncontested or contested. An uncontested (1A) divorce has a 90-day nisi period after the judgment hearing, while a contested (1B) divorce has a 120-day nisi period. Contested cases also require additional time for discovery, negotiation, and potentially a trial, which can extend the process to a year or more.

What are the residency requirements to file for divorce in Massachusetts?

If the cause of the divorce occurred in Massachusetts, you only need to be a current resident of the state. If the cause occurred outside the state, you must have lived in Massachusetts for at least one year before filing. The filing is typically made in the Probate and Family Court in the county where one spouse resides.

How much does it cost to file for divorce in Massachusetts?

The court filing fee ranges from approximately $215 to $305, including surcharges, as of February 2026. Additional costs such as attorney fees, mediation, and expert witnesses can vary significantly depending on the complexity of your case. Always confirm the current filing fee with your local court clerk.

Is Massachusetts a community property or equitable distribution state?

Massachusetts is an equitable distribution state, meaning the court divides property in a manner that is fair and reasonable but not necessarily equal. The court considers factors such as the length of the marriage, each spouse's income and needs, and contributions to the marital estate. Notably, Massachusetts courts can consider all property, even assets acquired before the marriage.

What is the difference between a 1A and 1B divorce in Massachusetts?

A 1A divorce is an uncontested, or joint, divorce where both spouses agree on all terms and file together with a signed separation agreement. A 1B divorce is contested, meaning one spouse files a complaint and the parties do not fully agree on the terms. A 1A divorce is generally faster, less expensive, and has a shorter 90-day nisi period compared to the 120-day nisi period for a 1B divorce.

How is alimony calculated in Massachusetts?

Under the Massachusetts Alimony Reform Act, general term alimony is generally capped at 30–35% of the difference between the spouses' gross incomes. The duration of alimony is tied to the length of the marriage, ranging from 50% of the months of marriage for shorter marriages to an indefinite term for marriages lasting 20 years or more. The court retains discretion to deviate from these guidelines based on the circumstances.

Can I file for divorce in Massachusetts on fault-based grounds?

Yes, Massachusetts allows fault-based grounds including adultery, desertion, cruel and abusive treatment, alcohol or drug addiction, non-support, impotency, and a prison sentence of five or more years. However, most divorces are filed on the no-fault ground of irretrievable breakdown because it is simpler and less adversarial.

How does Massachusetts determine child custody in a divorce?

Massachusetts courts determine custody based on the best interests of the child. The court considers factors such as each parent's relationship with the child, the ability to provide a stable environment, the child's adjustment to home and school, and any history of domestic violence. Both legal custody (decision-making authority) and physical custody (where the child lives) can be awarded as sole or shared.

Divorce in Massachusetts: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal and personal decisions a person can make. If you are considering ending your marriage in Massachusetts, understanding the state's specific laws, procedures, and requirements is essential to protecting your rights and navigating the process as smoothly as possible. Massachusetts has its own rules governing everything from the grounds on which you can file to how property is divided, how child custody is determined, and how long the process takes from start to finish.

This guide provides a comprehensive overview of divorce in Massachusetts. It is designed to help you understand the key legal concepts, anticipate what to expect, and make informed decisions. Whether your divorce is amicable or contested, the information below will serve as a valuable starting point.

Grounds for Divorce in Massachusetts

Massachusetts recognizes both no-fault and fault-based grounds for divorce under Mass. Gen. Laws ch. 208.

No-Fault Divorce

The most common ground for divorce in Massachusetts is the irretrievable breakdown of the marriage. This simply means that the marital relationship has broken down beyond repair and there is no reasonable prospect of reconciliation. Neither spouse needs to prove that the other did something wrong. No-fault divorces can be filed in two ways:

Joint Petition (1A Uncontested): Both spouses agree that the marriage has irretrievably broken down and file a joint petition together. They also submit a signed separation agreement that addresses property division, support, custody, and other relevant issues. This is typically the fastest and least expensive path to divorce.
Complaint (1B Contested): One spouse files a complaint alleging irretrievable breakdown. This route is used when the parties cannot agree on all terms or when one spouse does not consent to the divorce. The court will then hear the case and make determinations on any unresolved issues.

Fault-Based Divorce

Massachusetts also allows a spouse to file for divorce based on specific fault grounds, which include:

Adultery
Impotency
Desertion for one year or more
Alcohol or drug addiction
Cruel and abusive treatment
Non-support (failure of a spouse to provide suitable support)
A prison sentence of five or more years

While fault-based grounds are still available, most divorces in Massachusetts are filed on no-fault grounds because they tend to be simpler, less adversarial, and less costly. However, alleging fault can sometimes be strategically relevant, particularly when it comes to alimony or property division considerations.

Residency Requirements

Before filing for divorce in Massachusetts, you must satisfy the state's residency requirements as set forth in Mass. Gen. Laws ch. 208, §§ 4 and 5. The specific requirements depend on where the cause of the marital breakdown occurred:

If the cause of the divorce occurred within Massachusetts, the filing spouse must be a resident of the state at the time of filing. There is no minimum duration of residency required in this scenario.
If the cause of the divorce occurred outside Massachusetts, the filing spouse must have been a resident of the Commonwealth for at least one year before filing the complaint.

Divorce complaints are generally filed in the Probate and Family Court in the county where one of the spouses resides. If both spouses still live in Massachusetts, either county may be appropriate.

Property Division

Massachusetts is an equitable distribution state. This means that the court divides marital property in a manner that is fair and reasonable, but not necessarily equal. The goal is to reach an equitable outcome based on the specific circumstances of the marriage.

What the Court Considers

Under Mass. Gen. Laws ch. 208, § 34, the court examines a broad range of factors when dividing property, including:

The length of the marriage
The conduct of the parties during the marriage
The age, health, and station of each spouse
The occupation, income, and employability of each spouse
The amount and sources of income, including retirement benefits and other assets
Each spouse's liabilities and needs
The opportunity of each spouse for future acquisition of capital assets and income
Each spouse's contribution to the acquisition, preservation, or appreciation of assets (including contributions as a homemaker)

What Property Is Subject to Division?

Notably, Massachusetts courts have broad discretion and can divide all property owned by either spouse, regardless of when or how it was acquired. This includes property acquired before the marriage, gifts, and inheritances. While the origin of an asset is a factor the court may consider, it does not automatically shield that asset from division. This is a critical distinction from many other states that draw a firm line between marital and separate property.

Child Custody

When minor children are involved, custody is often the most emotionally charged aspect of a divorce. Massachusetts courts make custody determinations based on the best interests of the child standard.

Types of Custody

Massachusetts recognizes two forms of custody:

Legal Custody: The right and responsibility to make major decisions about a child's welfare, including education, healthcare, and religious upbringing. Legal custody can be sole (one parent decides) or shared (both parents decide together).
Physical Custody: Where the child primarily lives. Physical custody can also be sole or shared.

Factors Considered

The court evaluates numerous factors, including but not limited to:

The child's relationship with each parent
Each parent's ability to provide a stable, nurturing environment
The child's adjustment to their home, school, and community
The mental and physical health of all parties
Whether there is any history of domestic violence or substance abuse
The child's own wishes (if the child is of sufficient age and maturity)

Massachusetts courts generally favor arrangements that allow the child to maintain a strong relationship with both parents, unless doing so would not be in the child's best interest.

Spousal Support (Alimony)

Spousal support, known as alimony in Massachusetts, is governed by Mass. Gen. Laws ch. 208, § 48 et seq. The Massachusetts Alimony Reform Act of 2011 brought significant changes to how alimony is calculated and how long it lasts.

Types of Alimony

Massachusetts recognizes four types of alimony:

General Term Alimony: Periodic payments to a spouse who is economically dependent. The duration is generally tied to the length of the marriage.
Rehabilitative Alimony: Support for a period reasonably necessary for the recipient to gain employment or become self-supporting, typically for marriages of five years or less.
Reimbursement Alimony: Compensation for contributions made during the marriage, such as supporting a spouse through education. This applies to marriages of five years or less.
Transitional Alimony: Support to help a spouse adjust to a new lifestyle or location after divorce, also generally for marriages of five years or less.

Duration Limits

The Alimony Reform Act sets general durational limits for general term alimony based on the length of the marriage:

Marriages of 5 years or less: Alimony for no more than 50% of the number of months of the marriage
Marriages of 5–10 years: No more than 60% of the number of months
Marriages of 10–15 years: No more than 70% of the number of months
Marriages of 15–20 years: No more than 80% of the number of months
Marriages of 20 years or more: The court may order alimony for an indefinite length of time

Amount

The amount of general term alimony is generally capped at 30–35% of the difference between the spouses' gross incomes at the time of the order. The court retains discretion to deviate from this guideline in certain circumstances.

Filing Process

Here is a general overview of the steps involved in filing for divorce in Massachusetts:

Step 1: Determine Eligibility

Ensure you meet the residency requirements outlined above.

Step 2: Prepare and File Your Paperwork

For a 1A (joint/uncontested) divorce, both spouses file a Joint Petition for Divorce, a signed Separation Agreement, and required financial statements with the Probate and Family Court.
For a 1B (contested) divorce, one spouse files a Complaint for Divorce along with required supporting documents. The other spouse must then be served and has the opportunity to respond.

Step 3: Financial Disclosures

Both parties are required to complete and exchange financial statements. If your annual income is $75,000 or less, you file a short-form financial statement. If your income exceeds $75,000, you file a long-form financial statement.

Step 4: Court Hearing or Trial

In an uncontested (1A) divorce, both parties attend a brief hearing before a judge who reviews the agreement and, if satisfied that it is fair and reasonable, approves the divorce.
In a contested (1B) divorce, the process typically involves discovery, pre-trial conferences, and possibly mediation before going to trial. The judge will then issue a decision on all contested matters.

Step 5: Judgment and Nisi Period

Once the judge approves the divorce, a Judgment of Divorce Nisi is entered. The divorce does not become final until the nisi period expires.

Timeline and Costs

Costs

The filing fee for a divorce in Massachusetts ranges from approximately $215 to $305, which includes the filing fee and applicable surcharges. This figure is current as of February 2026 — always verify with your local Probate and Family Court clerk, as fees can change.

Additional costs may include attorney fees, mediation fees, costs for financial experts or appraisers, and other expenses that vary widely depending on the complexity and contentiousness of the case.

Timeline

The timeline for a Massachusetts divorce depends largely on whether it is contested or uncontested:

Uncontested (1A) Divorce: After the hearing and judgment, there is a mandatory 90-day nisi period before the divorce becomes final (referred to as an absolute divorce).
Contested (1B) Divorce: After judgment, there is a 120-day nisi period. However, the overall process takes significantly longer because contested cases involve discovery, motions, negotiations, and potentially a trial. A contested divorce can take anywhere from several months to well over a year.

The nisi period serves as a built-in waiting period, giving both parties time before the divorce is legally finalized.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce law is complex and highly fact-specific. The information presented here reflects general principles of Massachusetts divorce law and may not account for recent legislative changes, local court rules, or the unique circumstances of your case. Filing fees, procedures, and legal standards are subject to change. You should consult with a qualified Massachusetts family law attorney before making any decisions about your divorce. No attorney-client relationship is created by reading this guide.