Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Massachusetts Divorce Law
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Massachusetts attorney.
Answer: How Long Does Divorce Take in Massachusetts?
A Massachusetts divorce typically takes between 4 and 18 months from filing to final judgment, depending on whether the case is uncontested or contested. The fastest divorce in Massachusetts is an uncontested "1A" joint petition, which can be finalized in roughly 4 to 6 months, including a mandatory 120-day nisi waiting period. Contested "1B" divorces generally take 12 to 18 months or longer, plus a 90-day nisi period before the divorce becomes absolute.
Understanding the Two Divorce Tracks in Massachusetts
Massachusetts law, codified under Massachusetts General Laws (M.G.L.) Chapter 208, provides two primary tracks for no-fault divorce based on an irretrievable breakdown of the marriage. How long does divorce take in Massachusetts largely depends on which track applies to your case.
1A Divorce (Uncontested Joint Petition)
A 1A divorce is the fastest divorce path available in the Commonwealth. Under M.G.L. c. 208, Section 1A, both spouses jointly file a petition along with a signed separation agreement addressing all key issues: child custody, child support, alimony, and the division of marital property.
The typical 1A divorce timeline unfolds as follows:
- Filing: Both spouses file a Joint Petition for Divorce together with a signed and notarized Separation Agreement and required financial statements with the Probate and Family Court.
- Court Hearing: The court typically schedules a hearing within 4 to 8 weeks of filing. At this brief hearing, the judge reviews the agreement to confirm it is fair and reasonable.
- 30-Day Waiting Period: If the judge approves the agreement, an order enters on the hearing date, but the Judgment of Divorce Nisi does not enter until 30 days later.
- 90-Day Nisi Period: After the Judgment Nisi enters, there is a mandatory 90-day waiting period before the divorce becomes absolute.
- Divorce Absolute: The divorce becomes final 120 days after the hearing date (30 days plus 90 days).
Total estimated divorce duration for an uncontested 1A case: approximately 4 to 6 months from filing to Judgment Absolute.
1B Divorce (Contested Complaint for Divorce)
Under M.G.L. c. 208, Section 1B, one spouse files a Complaint for Divorce without a signed agreement. This is the contested track, and it introduces a separate mandatory waiting period. The statute provides that no hearing may be held earlier than six months after the filing of the complaint.
The contested 1B divorce timeline generally proceeds as follows:
- Filing and Service: The plaintiff files a Complaint for Divorce. The other spouse must be formally served.
- Response Period: The defendant has 20 to 90 days to respond, depending on whether they reside in Massachusetts, elsewhere in the United States, or abroad.
- Six-Month Statutory Waiting Period: Under M.G.L. c. 208, Section 1B, no hearing on the merits may take place until at least six months have elapsed from the date of filing.
- Discovery and Motions: During this time, both parties exchange financial disclosures, engage in discovery, and may attend pre-trial conferences.
- Trial or Settlement: If the parties reach agreement, they may convert the case to a 1A joint petition. If not, the case proceeds to trial.
- Judgment Nisi and 90-Day Nisi Period: After trial or approval of a settlement, the Judgment of Divorce Nisi enters immediately (unlike the 1A track, there is no additional 30-day delay). The divorce becomes absolute 90 days later.
Total estimated divorce duration for a contested 1B case: typically 12 to 18 months, though complex cases involving substantial assets or contested custody can take two years or more.
Massachusetts Divorce Waiting Periods Explained
Massachusetts imposes multiple waiting periods that directly affect the divorce timeline. Understanding these is essential for anyone researching how long does divorce take in Massachusetts.
The Nisi Period
The word "nisi" comes from Latin and means "unless." A Judgment of Divorce Nisi is a provisional judgment that becomes final (absolute) unless something intervenes, such as reconciliation.
- 1A (Uncontested) Divorce: The nisi period is effectively 120 days, broken into a 30-day period from the hearing date until the Judgment Nisi enters, followed by a 90-day period until the divorce becomes absolute.
- 1B (Contested) Divorce or Fault Divorce: The nisi period is 90 days from the date the Judgment Nisi is entered.
During the nisi period, you are still legally married. You cannot remarry until the divorce is absolute. However, all substantive provisions of the separation agreement, including child support, custody, and property division, take effect upon entry of the Judgment Nisi.
The Six-Month Statutory Period (1B Cases)
For contested 1B divorces, M.G.L. c. 208, Section 1B mandates that a court cannot enter a judgment of divorce nisi any earlier than six months after the complaint is filed. This built-in waiting period exists to ensure there has been a continuing irretrievable breakdown of the marriage. The six-month period may be waived by the court in limited circumstances, such as consolidating the case with a cross-complaint filed by the opposing spouse.
Grounds for Divorce in Massachusetts
Massachusetts recognizes both no-fault and fault-based grounds for divorce. Under M.G.L. c. 208, Section 1, a divorce may be granted for:
- Irretrievable breakdown of the marriage (no-fault, under Sections 1A and 1B)
- Adultery
- Impotency
- Utter desertion continued for one year prior to filing
- Gross and confirmed habits of intoxication caused by voluntary and excessive use of alcohol, opium, or other drugs
- Cruel and abusive treatment
- Refusal or neglect to provide suitable support and maintenance when able to do so
- Confinement for a sentence of five years or more (under M.G.L. c. 208, Section 2)
While fault-based grounds remain available, the vast majority of Massachusetts divorces are filed as no-fault. Filing on fault grounds does not typically accelerate the divorce timeline, and may actually extend it because of the added burden of proof.
Residency Requirements
Before filing for divorce, you must satisfy Massachusetts residency requirements as outlined in M.G.L. c. 208, Sections 4 and 5. The rules differ depending on where the cause of the divorce occurred:
- If the cause of divorce occurred in Massachusetts: You can file as long as you are a resident of Massachusetts at the time of filing. There is no minimum residency duration, but the court will not grant a divorce if it appears you moved to Massachusetts solely to obtain one.
- If the cause of divorce occurred outside Massachusetts: The plaintiff must have lived in the Commonwealth for at least one year continuously and immediately before filing. Alternatively, you may qualify if you and your spouse lived together in Massachusetts as a married couple and one spouse still resided in the state when the cause of the divorce occurred.
All divorce actions are filed in the Probate and Family Court in the county where one of the parties lives.
Filing Fees and Court Costs
The filing fee for a divorce in the Massachusetts Probate and Family Court is approximately $215, which includes the basic filing fee and a surcharge for the summons. Additional costs may include:
- Summons fee: $5 per summons
- Citation fee: $15 per citation
- Service of process (constable or sheriff): $50 to $75
- Certified copies, motions, and other filings: varies
As of February 2026. Verify with your local clerk. Fee information is available on the official Massachusetts Probate and Family Court filing fees page at mass.gov.
If you cannot afford the fees, you may file an Affidavit of Indigency to request that the court waive or defer the costs.
Property Division in Massachusetts
Massachusetts is an equitable distribution state. Under M.G.L. c. 208, Section 34, the court has the authority to assign to either party all or any part of the estate of the other. "Equitable" does not necessarily mean "equal."
The court considers multiple factors when dividing property, including:
- Length of the marriage
- Conduct of the parties during the marriage
- Age, health, station, and occupation of each party
- Amount and sources of income
- Vocational skills and employability
- Each party's estate, liabilities, and needs
- Opportunity for future acquisition of capital assets and income
- Each party's contribution to the acquisition, preservation, or appreciation of assets
- Contribution as a homemaker
These same factors apply to alimony determinations. The trend in Massachusetts family courts has been to emphasize equitable property division, sometimes in lieu of or in combination with spousal support.
Alimony in Massachusetts
Massachusetts alimony law was significantly reformed by the Alimony Reform Act of 2011, codified at M.G.L. c. 208, Sections 48-55. The law establishes four types of alimony:
- General term alimony
- Rehabilitative alimony
- Reimbursement alimony
- Transitional alimony
The duration and amount of alimony are influenced by the length of the marriage and the factors listed in Section 34. Recent appellate decisions, including the Cavanagh v. Cavanagh decision and the Openshaw v. Openshaw decision (2024), have moved Massachusetts away from strict formulaic calculations and toward a more individualized, discretion-based approach.
Child Custody and Support
Massachusetts courts determine custody based on the best interests of the child. Under M.G.L. c. 208, Section 31, parents may submit shared custody plans for the court's consideration. The court may award sole or shared legal custody and sole or shared physical custody.
Child support is calculated using the Massachusetts Child Support Guidelines, which consider each parent's income, the number of children, the custody arrangement, and other relevant factors.
In cases involving children, the Probate and Family Court requires both parents to complete a co-parenting education course, as outlined in Standing Order 3-23.
Factors That Speed Up or Delay Your Divorce
Factors That Accelerate the Timeline
- Filing a 1A joint petition with a complete separation agreement
- Providing accurate and complete financial disclosures promptly
- Using mediation or collaborative divorce to resolve disputes outside of court
- Cooperating with your spouse on scheduling and document exchange
Factors That Cause Delays
- Difficulty locating or serving the other spouse
- Incomplete or inaccurate financial disclosures (Rule 401/410 documents)
- Disputes over child custody that require Guardian ad Litem investigations
- Disagreements over property valuation, especially business interests or retirement assets
- Court scheduling backlogs, which vary significantly by county
- Missed deadlines, continuances, or changes in attorneys
Recent Developments in Massachusetts Divorce Law (2024-2026)
The Probate and Family Court has been undergoing a significant modernization of the Massachusetts Rules of Domestic Relations Procedure. Proposed changes, which were open for public comment through June 30, 2025, include formal authorization of electronic filing and service via email, gender-neutral language updates, alignment with civil procedure rules, and new provisions for complex multi-party cases.
On the substantive side, recent Supreme Judicial Court decisions continue to reshape alimony practice. The Cavanagh v. Cavanagh ruling requires judges to compare multiple calculation scenarios when both alimony and child support are at issue. The 2024 Openshaw v. Openshaw decision expanded the definition of a recipient spouse's "need" to include the ability to continue a regular savings habit established during the marriage.
These developments do not fundamentally change the divorce timeline structure, but they can influence how long does divorce take in Massachusetts in individual cases, particularly where alimony or complex financial issues are contested.
How Long Does Divorce Take in Massachusetts: Quick Reference Chart
- Uncontested 1A Divorce: 4-6 months total (filing to Judgment Absolute), including a 120-day nisi period
- Contested 1B Divorce (settled before trial): 8-14 months, including a 6-month statutory waiting period and 90-day nisi period
- Contested 1B Divorce (proceeding to trial): 12-24+ months, depending on case complexity and court scheduling
- Fault-Based Divorce: Comparable to 1B timeline, often longer due to evidentiary requirements