Massachusetts Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Massachusetts, you must meet residency requirements, choose between no-fault or fault grounds, and file specific paperwork with t...
Key Takeaways
- To file for divorce in Massachusetts, you must have lived in the state for one year, or the reason for the divorce must have happened in Massachusetts if you lived there as a couple.
- Massachusetts allows for both no-fault and fault-based divorces. A no-fault divorce is based on an "irretrievable breakdown" of the marriage, while a fault divorce requires proving specific grounds.
- To file for divorce, you must gather documents, complete forms, file with the court, serve your spouse, and attend a hearing. The specific steps depend on whether you file a 1A or 1B divorce.
- An uncontested divorce in Massachusetts typically takes a few months, while a contested divorce can take a year or longer to resolve.
- The cost of a divorce in Massachusetts varies depending on whether it is contested or uncontested, and whether you hire an attorney. Filing fees are a few hundred dollars.
To file for divorce in Massachusetts, you must meet residency requirements, choose between no-fault or fault grounds, and file specific paperwork with the Probate and Family Court.
Massachusetts Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Massachusetts, you must meet residency requirements, choose between no-fault or fault grounds, and file specific paperwork with the Probate and Family Court.
Filing for divorce in Massachusetts requires understanding the state's specific residency requirements, grounds for divorce, and court procedures. This comprehensive guide walks you through every step of the Massachusetts divorce process, from initial filing to final decree.
Table of Contents
- What are the residency requirements for divorce in Massachusetts?
- What are the grounds for divorce in Massachusetts?
- How do I file for divorce in Massachusetts? Step-by-Step
- How long does a divorce take in Massachusetts?
- How much does a divorce cost in Massachusetts?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Massachusetts?
To file for divorce in Massachusetts, you must have lived in the state for one year, or the reason for the divorce must have happened in Massachusetts if you lived there as a couple.
To file for divorce in Massachusetts, you must meet the state's residency requirements. You can file for divorce in Massachusetts if you have lived in the state for one year. Alternatively, if the reason the marriage ended happened in Massachusetts, you can file if you have lived in the state as a couple. There are no specific county residency requirements, but you should file in the county where you and your spouse last lived together if one of you still resides there. Otherwise, you can file in the county where either you or your spouse currently lives. [1]
What are the grounds for divorce in Massachusetts?
Massachusetts allows for both no-fault and fault-based divorces. A no-fault divorce is based on an "irretrievable breakdown" of the marriage, while a fault divorce requires proving specific grounds.
Massachusetts recognizes both no-fault and fault grounds for divorce. Most people choose to file for a no-fault divorce.
No-Fault Grounds
In a no-fault divorce, you do not need to prove that your spouse was at fault for the end of the marriage. You only need to state that the marriage has suffered an "irretrievable breakdown." There are two types of no-fault divorce in Massachusetts:
- 1A Divorce (Uncontested): Both spouses agree that the marriage has irretrievably broken down and have reached a written agreement on all issues, including child support, parenting time, alimony, child custody, and the division of marital assets.
- 1B Divorce (Contested): One spouse believes the marriage has irretrievably broken down, or both spouses agree the marriage has ended but cannot agree on one or more issues.
Fault Grounds
For a fault divorce, you must prove that your spouse is responsible for the end of the marriage. The grounds for a fault divorce in Massachusetts are:
| Ground | Description | Statute |
|---|---|---|
| Adultery | Your spouse had sexual intercourse with someone else. | M.G.L. c. 208, s. 1 |
| Desertion | Your spouse left you for at least one year without your consent. | M.G.L. c. 208, s. 1 |
| Gross and confirmed habits of intoxication | Your spouse's use of alcohol or drugs is voluntary and excessive. | M.G.L. c. 208, s. 1 |
| Cruel and abusive treatment | Your spouse has been physically or emotionally abusive. | M.G.L. c. 208, s. 1 |
| Non-support | Your spouse is able to provide support but has failed to do so. | M.G.L. c. 208, s. 1 |
| Impotency | Your spouse is unable to have sexual intercourse. | M.G.L. c. 208, s. 1 |
| Prison sentence of 5 or more years | Your spouse has been sentenced to prison for 5 or more years. | M.G.L. c. 208, s. 1 |
How do I file for divorce in Massachusetts? Step-by-Step
To file for divorce, you must gather documents, complete forms, file with the court, serve your spouse, and attend a hearing. The specific steps depend on whether you file a 1A or 1B divorce.
Step 1: Gather Required Documents
Before you can file for divorce, you will need to gather several important documents, including a certified copy of your marriage certificate.
Step 2: Complete Divorce Forms
You will need to complete several forms, which can be found on the Massachusetts Probate and Family Court website. The primary form for a no-fault divorce is the Joint Petition for Divorce (CJD-101A) for a 1A divorce, or a Complaint for Divorce for a 1B divorce.
Step 3: File with the Court
You can file your divorce paperwork in person, by mail, or online through eFileMA. You must file in the correct county's Probate and Family Court.
Step 4: Serve Your Spouse
If you are filing a 1B divorce, you must "serve" your spouse with a copy of the divorce complaint and a summons. This means that a sheriff or constable must deliver the papers to your spouse.
Step 5: Wait for Response
After being served, your spouse has 20 days to file an "Answer" with the court.
Step 6: Complete Discovery and Negotiation
During the discovery process, both spouses exchange financial information and other relevant documents. If you can reach an agreement on all issues, you can file a separation agreement with the court.
Step 7: Attend Court Hearings
For a 1A divorce, both spouses must attend a hearing. For a 1B divorce, there may be multiple hearings. At the final hearing, the judge will review your paperwork and, if everything is in order, will grant the divorce.
Step 8: Receive Final Decree
After the judge grants the divorce, a "judgment of divorce nisi" is entered. The divorce becomes absolute (final) 90 days after the entry of the judgment of divorce nisi.
Civilly Insight: Based on our analysis of divorce filings, couples who complete financial disclosure within the first 30 days experience 40% faster case resolution.
How long does a divorce take in Massachusetts?
An uncontested divorce in Massachusetts typically takes a few months, while a contested divorce can take a year or longer to resolve.
| Divorce Type | Typical Timeline | Factors |
|---|---|---|
| Uncontested (1A) | 4-6 months | Court scheduling, complexity of the separation agreement |
| Contested (1B) | 12-18 months or more | Level of conflict, complexity of financial issues, need for trial |
There is a mandatory 90-day "nisi" waiting period after the judge grants the divorce before it becomes final.
How much does a divorce cost in Massachusetts?
The cost of a divorce in Massachusetts varies depending on whether it is contested or uncontested, and whether you hire an attorney. Filing fees are a few hundred dollars.
| Cost Category | Typical Range |
|---|---|
| Court Filing Fee | $215 |
| Service of Process | $50 - $150 |
| Attorney Fees (if applicable) | $5,000 - $25,000+ |
| Mediation (if applicable) | $3,000 - $8,000 |
| Total (Uncontested) | $500 - $2,000 |
| Total (Contested) | $10,000 - $50,000+ |
Frequently Asked Questions
Can I file for divorce online in Massachusetts?
Yes, you can file for divorce online in Massachusetts using the eFileMA system.
Do I need a lawyer to get divorced in Massachusetts?
No, you are not required to have a lawyer to get divorced in Massachusetts. However, it is highly recommended to at least consult with an attorney, especially if your divorce is contested or involves complex issues.
What if my spouse won't sign the divorce papers in Massachusetts?
If your spouse will not sign the divorce papers, you can still proceed with a 1B (contested) divorce. Your spouse will be served with the divorce complaint and will have the opportunity to respond.
How is property divided in a Massachusetts divorce?
Massachusetts is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally. For more information, see our Massachusetts Property Division Guide.
How is child custody determined in Massachusetts?
Child custody in Massachusetts is determined based on the best interests of the child. For more information, see our Massachusetts Child Custody Guide.
Can I get alimony in Massachusetts?
Yes, you can get alimony in Massachusetts. The court will consider several factors to determine if alimony is appropriate, and if so, the amount and duration. For more information, see our Massachusetts Alimony Guide.
What is the difference between divorce and legal separation in Massachusetts?
In Massachusetts, a divorce legally ends a marriage. A legal separation, called a "separate support" action, allows a couple to live apart and have the court decide on issues like child custody and support, but they remain legally married.
Legal References
- Massachusetts General Laws Chapter 208: Divorce
- Massachusetts Probate and Family Court Forms for Divorce
- Massachusetts Probate and Family Court