How do I file for divorce in Massachusetts?

Q: How do I file for divorce in Massachusetts?

Massachusetts divorce is governed by M.G.L. Chapter 208. 1. Residency Requirements — Either: (a) one spouse has lived in Massachusetts for 1 year before filing, or (b) the cause for divorce occurred in Massachusetts while both lived there. 2. Two No-Fault Paths : - 1A — Uncontested : Both spouses sign a Joint Petition for Divorce stating the marriage is irretrievably broken, with a notarized Separation Agreement. - 1B — Contested : One spouse files a Complaint alleging irretrievable breakdown. 3. Fault Grounds — Adultery, impotency, desertion (1+ year), gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and imprisonment for 5+ years. 4. Required Forms — Joint Petition (1A) or Complaint (1B), Affidavit of Irretrievable Breakdown, Financial Statement (short or long form depending on income), R-408 Statistical Form, and Separation Agreement (1A). 5. Filing Fee — Approximately $215 plus $5 surcharge. Affidavit of Indigency available. 6. Service of Process (1B) — Sheriff, constable, or other authorized server. Respondent has 20 days to answer. 7. Waiting Period — Under 1A, the judge approves the agreement at a hearing; the divorce is final 90 days after the Judgment of Divorce Nisi enters (a total of about 120 days). Under 1B, the same Nisi period applies. 8. Property Division — Massachusetts is an equitable distribution state. Courts divide assets fairly under M.G.L. c. 208 § 34 considering 14 factors, including length of marriage and contributions. This is legal information, not legal advice.

Question

Accepted Answer

Massachusetts divorce is governed by M.G.L. Chapter 208.

1. Residency Requirements — Either: (a) one spouse has lived in Massachusetts for 1 year before filing, or (b) the cause for divorce occurred in Massachusetts while both lived there.

2. Two No-Fault Paths:

- 1A — Uncontested: Both spouses sign a Joint Petition for Divorce stating the marriage is irretrievably broken, with a notarized Separation Agreement.

- 1B — Contested: One spouse files a Complaint alleging irretrievable breakdown.

3. Fault Grounds — Adultery, impotency, desertion (1+ year), gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and imprisonment for 5+ years.

4. Required Forms — Joint Petition (1A) or Complaint (1B), Affidavit of Irretrievable Breakdown, Financial Statement (short or long form depending on income), R-408 Statistical Form, and Separation Agreement (1A).

5. Filing Fee — Approximately $215 plus $5 surcharge. Affidavit of Indigency available.

6. Service of Process (1B) — Sheriff, constable, or other authorized server. Respondent has 20 days to answer.

7. Waiting Period — Under 1A, the judge approves the agreement at a hearing; the divorce is final 90 days after the Judgment of Divorce Nisi enters (a total of about 120 days). Under 1B, the same Nisi period applies.

8. Property Division — Massachusetts is an equitable distribution state. Courts divide assets fairly under M.G.L. c. 208 § 34 considering 14 factors, including length of marriage and contributions.

This is legal information, not legal advice.