How to File for Divorce in Massachusetts
How to file for divorce in Massachusetts: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: Generally, a Massachusetts divorce requires that the spouses lived together as a married couple in Massachusetts, and if the grounds arose in another state, that they had lived together in Massachusetts before that and one of them lived in Massachusetts when the grounds arose. Mass. Gen. Laws ch. 208, §§ 4, 5
| Residency requirement | Generally, a Massachusetts divorce requires that the spouses lived together as a married couple in Massachusetts, and if the grounds arose in another state, that they had lived together in Massachusetts before that and one of them lived in Massachusetts when the grounds arose. Otherwise, the filing spouse must have lived in Massachusetts for one year before filing if the grounds arose outside the state, or must be domiciled in Massachusetts at filing if the grounds arose in the state. A divorce will not be granted if the filing spouse moved to Massachusetts just to get a divorce. Section 4: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section4 Source: Mass. Gen. Laws ch. 208, §§ 4, 5 |
|---|---|
| Uncontested or simplified divorce | Spouses who agree can file a joint petition for divorce based on an irretrievable breakdown (Section 1A). They file a petition signed by both, a sworn affidavit that the marriage has irretrievably broken down, and a notarized separation agreement (which may be filed up to 90 days after the case starts); no summons or answer is needed. The court holds a hearing, decides whether the agreement makes proper provision for custody, support, alimony and property, and does not consider marital fault. These cases are placed on a separate, faster hearing list. Source: Mass. Gen. Laws ch. 208, § 1A |
| Waiting period | Every divorce judgment is first a judgment nisi, which becomes absolute (final) 90 days after it is entered unless the court orders otherwise. In a joint no-fault case (Section 1A), the judgment nisi enters 30 days after the court approves the separation agreement, so the divorce is final about 120 days after approval. In a one-spouse no-fault case (Section 1B), the hearing cannot be held until at least six months after the complaint is filed, followed by the 90-day nisi period. |
Where to get help in Massachusetts
More Massachusetts divorce & family law
- Getting a Marriage License in Massachusetts
- Adopting a Child in Massachusetts
- Guardianship of a Child or Adult in Massachusetts
- Establishing Paternity in Massachusetts
- Changing Your Name in Massachusetts
- Child Custody Laws in Massachusetts
- How Child Support Is Calculated in Massachusetts
- Alimony and Spousal Support in Massachusetts
- Legal Separation and Annulment in Massachusetts
- All Massachusetts divorce & family law rules
FAQ
How long do you have to live in Massachusetts to file for divorce?
Generally, a Massachusetts divorce requires that the spouses lived together as a married couple in Massachusetts, and if the grounds arose in another state, that they had lived together in Massachusetts before that and one of them lived in Massachusetts when the grounds arose. Otherwise, the filing spouse must have lived in Massachusetts for one year before filing if the grounds arose outside the state, or must be domiciled in Massachusetts at filing if the grounds arose in the state. A divorce will not be granted if the filing spouse moved to Massachusetts just to get a divorce.
How do you get an uncontested divorce in Massachusetts?
Spouses who agree can file a joint petition for divorce based on an irretrievable breakdown (Section 1A). They file a petition signed by both, a sworn affidavit that the marriage has irretrievably broken down, and a notarized separation agreement (which may be filed up to 90 days after the case starts); no summons or answer is needed. The court holds a hearing, decides whether the agreement makes proper provision for custody, support, alimony and property, and does not consider marital fault. These cases are placed on a separate, faster hearing list.
Is there a waiting period for divorce in Massachusetts?
Every divorce judgment is first a judgment nisi, which becomes absolute (final) 90 days after it is entered unless the court orders otherwise. In a joint no-fault case (Section 1A), the judgment nisi enters 30 days after the court approves the separation agreement, so the divorce is final about 120 days after approval. In a one-spouse no-fault case (Section 1B), the hearing cannot be held until at least six months after the complaint is filed, followed by the 90-day nisi period.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.