Divorce Laws in Massachusetts: Complete 2026 Guide

Massachusetts recognizes both no-fault and fault-based grounds for divorce under Mass. Gen. Laws ch. 208. The no-fault ground is 'irretrievable breakdown of the marriage,' meaning the marital relationship is permanently broken with no reasonable prospect of reconciliation. This is by far the most common ground used, as it avoids the expense and difficulty of proving spousal misconduct in court. There are two types of no-fault divorce in Massachusetts. A '1A' divorce (Mass. Gen. Laws ch. 208, § 1A) is a joint petition filed by both spouses together. Both parties must agree that the marriage is irretrievably broken and must have a complete written separation agreement resolving all issues — property division, alimony, child custody, and child support. A '1B' divorce (Mass. Gen. Laws ch. 208, § 1B) is filed by one spouse and does not require agreement on all issues. The filing spouse asserts irretrievable breakdown, and the court then assists in resolving disputed matters through the litigation process. Massachusetts also permits fault-based divorce under Mass. Gen. Laws ch. 208, § 1. The recognized fault grounds include: adultery; cruel and abusive treatment; desertion (abandonment for one year prior to filing); gross and confirmed habits of intoxication caused by voluntary and excessive use of alcohol or drugs; non-support (failure to provide suitable support when able to do so); and imprisonment for five or more years in a state or federal correctional institution. An additional ground exists under § 2 for a spouse's sentence to confinement for life in a penal institution. Choosing fault-based grounds means the filing spouse must prove the alleged misconduct at trial, which typically increases the cost and duration of the divorce. However, in some cases, proving fault may influence the court's decisions on property division or alimony. Importantly, Massachusetts law provides that the granting of a divorce is not barred by both parties having fault grounds — so one spouse cannot use the other's misconduct as a defense to block the divorce (Mass. Gen. Laws ch. 208, § 1). Most family law attorneys recommend filing on no-fault grounds unless there is a compelling strategic reason to pursue a fault-based divorce, as it streamlines the process and significantly reduces litigation costs.

Massachusetts residency requirements for divorce are set forth in Mass. Gen. Laws ch. 208, §§ 4 and 5. The requirements depend on where the cause (or grounds) for the divorce occurred. If the cause of the divorce occurred within Massachusetts — for example, the irretrievable breakdown happened while both spouses lived in the state — the filing spouse need only be domiciled (living with intent to remain) in Massachusetts at the time of filing. There is no minimum durational residency requirement in this scenario. If the cause of the divorce occurred outside Massachusetts, the filing spouse must have lived in the Commonwealth continuously for at least one year immediately before filing. Additionally, under § 4, a divorce generally cannot be granted if the parties never lived together as a married couple in Massachusetts, unless the one-year residency exception under § 5 is met. Massachusetts courts interpret the one-year requirement strictly — it must be actual, continuous residence in the Commonwealth for the 12 months immediately preceding the filing. Importantly, Massachusetts law explicitly prohibits granting a divorce if it appears the plaintiff moved to the state solely for the purpose of obtaining a divorce (Mass. Gen. Laws ch. 208, § 5). Courts look for signs of genuine domicile, including obtaining a Massachusetts driver's license, registering to vote, securing housing, enrolling children in school, and other indicators of permanency. After the divorce complaint is filed, the plaintiff is free to move anywhere; the residency requirement only applies up to and at the time of filing. Venue rules require the divorce to be filed in the county where either the plaintiff or defendant resides, or where either party is regularly employed or has a place of business. Massachusetts does not require legal separation before filing for divorce.

Massachusetts is an equitable distribution state, meaning the court divides marital property in a manner that is fair and reasonable, but not necessarily equal. Property division in Massachusetts is governed by Mass. Gen. Laws ch. 208, § 34. Notably, Massachusetts courts have the authority to divide all property owned by either spouse, regardless of when or how it was acquired — this includes both marital and premarital property, inheritances, and gifts, though the source and timing of acquisition are considered as factors. Under § 34, the court considers the following factors when dividing property: the length of the marriage; the conduct of the parties during the marriage; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party; the opportunity for future acquisition of capital assets and income; and the contribution of each party to the acquisition, preservation, or appreciation of their respective estates. The contribution of a spouse as a homemaker is explicitly recognized as a factor. In practice, the court often begins from a presumption of roughly equal division for longer marriages, then adjusts based on the statutory factors. For shorter marriages, the division may be less equal, particularly where one spouse brought significant premarital assets into the marriage. Massachusetts courts also consider each party's present and future needs and their ability to earn income. Retirement accounts, stock options, business interests, and real estate are all subject to division. Because Massachusetts courts can reach all property — not just marital property — it is especially important for spouses who own separate property, family inheritances, or business interests to understand how those assets might be treated in a divorce. Prenuptial and postnuptial agreements can limit the court's authority to divide certain assets, provided such agreements meet legal requirements for enforceability.

Alimony (spousal support) in Massachusetts is governed primarily by the Alimony Reform Act of 2011, codified at Mass. Gen. Laws ch. 208, §§ 48–55. The Act fundamentally reformed alimony law by creating four distinct types of alimony, establishing durational limits tied to the length of the marriage, and setting presumptive caps on the amount of support. The four types are: (1) general term alimony, the most common form, providing ongoing economic support to a dependent spouse; (2) rehabilitative alimony, designed to support a spouse until they become self-sufficient, with a presumptive cap of five years; (3) reimbursement alimony, compensating a spouse who supported the other through education or career advancement, available only for marriages of five years or less; and (4) transitional alimony, helping a spouse adjust to a new lifestyle or location after a short marriage of five years or less, lasting up to three years. The amount of general term alimony generally should not exceed the recipient's need or 30 to 35 percent of the difference between the parties' gross incomes (Mass. Gen. Laws ch. 208, § 53(b)). Duration limits for general term alimony are tied to the length of the marriage: marriages of 5 years or less, up to 50% of the number of months of the marriage; 5–10 years, up to 60%; 10–15 years, up to 70%; 15–20 years, up to 80%; and for marriages over 20 years, alimony may continue indefinitely but terminates upon the payor reaching full Social Security retirement age (Mass. Gen. Laws ch. 208, § 49). Alimony terminates upon the remarriage of the recipient or the death of either spouse, and may be suspended, reduced, or terminated if the recipient cohabitates with another person for at least three months. In determining alimony, courts consider numerous factors under § 53(a): the length of the marriage; age of the parties; health of the parties; income, employment, and employability of both parties; economic and non-economic contributions to the marriage; marital lifestyle; each party's ability to maintain the marital lifestyle; and lost economic opportunity resulting from the marriage. Recent case law has added complexity — the Cavanagh v. Cavanagh decision requires courts to run dual calculations in cases involving both alimony and child support, comparing after-tax outcomes to achieve the most equitable result. The Openshaw v. Openshaw (2024) decision expanded the definition of 'need' to potentially include the continuation of marital saving habits. Alimony can be modified upon a material change in circumstances. Since 2018, under federal tax law changes (Tax Cuts and Jobs Act of 2017), alimony is no longer deductible by the payor or taxable to the recipient for orders entered after December 31, 2018, which has significantly impacted how alimony amounts are calculated in practice.

Child custody in Massachusetts is governed by Mass. Gen. Laws ch. 208, § 31 and § 31A. The overriding standard in all custody determinations is the 'best interest of the child.' Massachusetts law defines four types of custody: sole legal custody (one parent makes major decisions), shared legal custody (both parents share major decision-making), sole physical custody (the child resides primarily with one parent), and shared physical custody (the child has periods of residing with each parent, ensuring frequent and continued contact with both). Under § 31, absent emergency conditions, abuse, or neglect, parents receive temporary shared legal custody when a custody action is filed, pending a final judgment. However, there is no presumption in favor of shared physical custody. The statute states that the rights of the parents shall be held equal in the absence of misconduct, and the happiness and welfare of the children shall determine their custody. Massachusetts law does not provide a specific statutory list of factors for the best interest analysis, giving judges broad discretion. Common factors courts consider include: the child's relationship with each parent, each parent's ability to provide a stable home, the child's adjustment to home, school, and community, each parent's willingness to foster the child's relationship with the other parent, and any history of domestic violence or substance abuse. Mass. Gen. Laws ch. 208, § 31A addresses custody cases involving domestic violence. If the court finds by a preponderance of evidence that a pattern or serious incident of abuse has occurred, there is a rebuttable presumption that it is not in the child's best interest to be placed in the custody of the abusive parent. The abusive parent can rebut this presumption, but the court must make written findings regarding the effects of the abuse on the child. When parents agree on custody arrangements, the court may enter an order consistent with that agreement unless it finds the arrangement would not serve the children's best interests. Where custody is contested, parties seeking shared custody must submit a shared custody implementation plan addressing the child's education, health care, dispute resolution procedures, and specific parenting time schedules. Courts may also appoint a Guardian ad Litem (GAL) to investigate and make recommendations, or an Attorney Representing Children (ARC) to advocate for the child's expressed preferences. The child's wishes may be considered, particularly for older children, but are not dispositive.

The filing process in Massachusetts depends on whether you are pursuing an uncontested 1A divorce or a contested 1B divorce. For a 1A joint petition, both spouses file together. You must prepare and submit: a Joint Petition for Divorce Under M.G.L. ch. 208, § 1A; a notarized Separation Agreement covering all issues (property, support, custody); a certified copy of your marriage certificate; Financial Statements (short form if income is under $75,000, long form if over); and a Child Support Guidelines Worksheet (if minor children are involved). Both spouses appear at a hearing, after which the court enters the judgment nisi. For a 1B contested divorce, one spouse files a Complaint for Divorce with the Probate and Family Court. Required documents typically include: the Complaint for Divorce; a summons; a certified copy of the marriage certificate; a Financial Statement; and, if children are involved, an Affidavit of Care or Custody. After filing, the complaint and summons must be served on the other spouse — typically by sheriff or constable for in-hand delivery. The defendant has 20 to 30 days (if in Massachusetts) to file an answer. If the defendant does not respond, the court may proceed by default. The filing fee for a Massachusetts divorce complaint is $215, plus a $90 surcharge, totaling approximately $305. Additional fees include $5 for each summons, $15 for each citation, and service of process costs of approximately $50–$75 if using a constable or sheriff. If you cannot afford the filing fee, you may file an Affidavit of Indigency to request a fee waiver. E-filing is now available for 1A joint petition divorces in all Massachusetts Probate and Family Court counties, which carries an additional $22 case processing fee. All divorce forms are available on the Mass.gov website and through the Probate and Family Court. After filing, both parties must exchange Financial Statements and may engage in discovery (requests for documents, depositions, etc.). The court may schedule case management conferences, pre-trial conferences, and encourage mediation. If the parties reach a settlement, the case can convert to a 1A track. If not, the case proceeds to trial. After judgment, the nisi period (90 or 120 days) must elapse before the divorce is absolute. All divorce cases in Massachusetts are handled by the Probate and Family Court, which has exclusive original jurisdiction over divorce, annulment, separate support, and other domestic relations matters (Mass. Gen. Laws ch. 215, § 3). The Probate and Family Court is a department of the Massachusetts Trial Court system. There are 14 divisions of the Probate and Family Court, one in each county of the Commonwealth: Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester. Venue for a divorce action is determined by where either the plaintiff or the defendant resides, or where either party has regular employment or a place of business. You file your divorce complaint or joint petition at the Probate and Family Court in the appropriate county. Each court has a clerk's office that can assist with forms, filing procedures, and scheduling. If either party disagrees with a decision of the Probate and Family Court, they may appeal to the Massachusetts Appeals Court. Further appeal may be taken to the Supreme Judicial Court (SJC), the highest court in Massachusetts, although the SJC exercises discretion in selecting cases for review. The SJC has issued several landmark decisions in family law, including the Cavanagh and Openshaw decisions regarding alimony. The Probate and Family Court also offers resources for self-represented litigants, including Court Service Centers, Lawyer for the Day programs, and mediation services to help parties resolve disputes without the need for a full trial.

Massachusetts does not require a mandatory separation period before filing for divorce. Unlike some states, there is no requirement that spouses live apart for any specific duration before initiating divorce proceedings. However, there are mandatory waiting periods after the court enters its divorce judgment before the divorce becomes final. For a 1A uncontested (joint petition) divorce, the divorce judgment becomes 'nisi' upon entry, and does not become absolute until 90 days after the judgment is entered. This means the parties are not legally divorced — and cannot remarry — until the nisi period expires. For a 1B contested divorce, the nisi period is 120 days after the judgment is entered. These waiting periods serve as a cooling-off period, giving both parties an opportunity to reconsider or to address any concerns about the fairness of the agreement or judgment. In a contested 1B divorce, there is an additional procedural waiting period built into the litigation timeline. After the complaint for divorce is filed and served, the defendant has specific timeframes to respond: 20 days if residing in Massachusetts, 30 days for Massachusetts residents under some interpretations, or longer for out-of-state or international defendants. If the defendant fails to respond, the filing spouse may seek a default judgment. The overall timeline from filing to final judgment in a contested case depends on court schedules, complexity of issues, and the parties' willingness to negotiate — typically ranging from 6 to 18 months. An uncontested 1A divorce can be completed in as few as 90 to 120 days from filing, including the nisi period.