Divorce in Massachusetts

Overview of Massachusetts Divorce Law

Massachusetts offers both no-fault and fault-based grounds for divorce under M.G.L. Chapter 208. The no-fault ground is “irretrievable breakdown of the marriage,” which comes in two forms:

• 1A (Joint Petition): Both spouses agree the marriage is irretrievably broken and file jointly with a complete separation agreement. This is the uncontested path.
• 1B (Complaint): One spouse files a complaint alleging irretrievable breakdown without a signed agreement in place. This is used when the parties have not yet resolved all issues.

The distinction matters procedurally. A 1A filing can move through the court more quickly since both parties have already agreed on terms, while a 1B filing follows a contested track with discovery, negotiation, and potentially trial.

Residency Requirements

To file for divorce in Massachusetts, at least one spouse must have resided in the state for one year before filing. There is an alternative: if the cause of the divorce occurred within Massachusetts and the filing spouse has lived in the state since that event, the one-year residency requirement does not apply. The divorce is filed in the Probate and Family Court of the county where one of the spouses resides.

Grounds for Divorce

Under M.G.L. c. 208, Massachusetts recognizes these grounds:

• Irretrievable breakdown of the marriage (no-fault, filed as 1A or 1B)
• Adultery
• Impotence
• Desertion for one year
• Gross and confirmed habits of intoxication from alcohol or drugs
• Cruel and abusive treatment
• Nonsupport (failure to provide suitable maintenance)
• Sentence to confinement in a penal institution for five or more years

Most Massachusetts divorces are filed on no-fault grounds. Fault-based filings are less common but may influence the court’s decisions on alimony.

Filing Fees and Costs

The filing fee for a divorce in Massachusetts is approximately $200 for a 1A joint petition and $200 for a 1B complaint. A surcharge and service costs apply separately. Indigent filers may request a fee waiver. For a more complete cost estimate, see our divorce cost calculator.

Waiting Period

Massachusetts does not impose a statutory waiting period for a 1A joint petition — if the separation agreement is approved, the court can grant a judgment of divorce nisi, which becomes final (absolute) after 90 days. The nisi period is a built-in delay but not a pre-filing waiting period.

For a 1B complaint, there is no mandatory waiting period before filing, but the case timeline depends on how long it takes to resolve contested issues. Once judgment enters, the same 90-day nisi period applies before the divorce becomes absolute.

Property Division: Equitable Distribution

Massachusetts follows the equitable distribution model. Under M.G.L. c. 208, Section 34, the court considers all property owned by either spouse, regardless of when or how it was acquired. This is a distinctive feature of Massachusetts law — unlike many states, the court has the authority to divide both marital and premarital property.

Factors the court weighs include:

• Length of the marriage
• Conduct of the parties during the marriage
• Age, health, and station of each spouse
• Occupation, income, and employability of each party
• Amount and sources of income and assets
• Vocational skills and needs of each spouse
• Liabilities and needs of each party
• Opportunity for future acquisition of capital assets and income
• Contributions as a homemaker

The broad discretion Massachusetts courts have over property — including separate property — makes financial disclosure and legal strategy particularly important.

Spousal Support (Alimony)

Massachusetts overhauled its alimony laws in 2011 with the Alimony Reform Act (M.G.L. c. 208, Sections 48-55). The act establishes four types of alimony:

• General term alimony — for the economic dependence of a spouse, with duration limits tied to the length of the marriage
• Rehabilitative alimony — for up to five years, to help a spouse become self-sufficient
• Reimbursement alimony — to compensate a spouse who supported the other through education or career development
• Transitional alimony — for marriages of five years or less, to help a spouse adjust to a new lifestyle

Under the reform act, general term alimony for marriages of 20 years or less is capped at a percentage of the marriage’s duration. For marriages over 20 years, the court has discretion to order alimony indefinitely. Alimony generally terminates when the recipient spouse remarries or cohabitates with a new partner.

The Massachusetts Divorce Process

1. Filing — For a 1A divorce, both spouses file a Joint Petition along with a signed separation agreement. For a 1B divorce, one spouse files a Complaint for Divorce.
2. Service — In a 1B case, the complaint must be served on the other spouse, who has 20 days to file an answer.
3. Automatic Restraining Order — Upon filing, a standing order prevents both parties from selling assets, changing insurance, or harassing each other.
4. Financial Statements — Both parties must file financial statements with the court, detailing income, expenses, assets, and liabilities.
5. Pre-trial Conference and Discovery — In contested cases, the court holds conferences to narrow issues and both parties conduct discovery.
6. Mediation or Negotiation — The court may refer parties to mediation, and many cases settle before trial.
7. Trial (if needed) — A judge decides all remaining contested issues.
8. Judgment Nisi — The court enters a Judgment of Divorce Nisi, which becomes final (absolute) 90 days later.

For a broader understanding of the process, read our complete guide to divorce.

When to Consult an Attorney

Massachusetts grants courts unusually broad power over property division, including the ability to divide separate and premarital assets. Combined with the nuances of the 1A versus 1B process and the detailed alimony reform framework, most people benefit from professional guidance. If your case involves significant assets, retirement accounts, business interests, or custody disputes, consulting with a Massachusetts family law attorney is strongly recommended. You can request a free consultation to discuss your situation.