Massachusetts Divorce: What You Need to Know

In Massachusetts, divorce is the legal process of formally terminating a marriage. The process is usually filed at the Probate and Family Court in the county where either partner lives. Divorce processes differ per state and understanding how it works in Massachusetts begins with the knowledge of residency requirements, waiting periods, various types of divorce, court procedures, specific filing requirements at the county level, and how to access divorce records.

How Does Divorce Work in Massachusetts?

In Massachusetts, you have to follow specific residency rules before you can file for divorce. You can file for divorce in this state if you have lived in the state for 1 year. You can also file for divorce if the reason the marriage ended happened in Massachusetts and you have lived in the state as a couple.

Massachusetts allows for both no-fault and fault-based divorces. The most common reason for no-fault divorce is when there's an "irretrievable breakdown of the marriage." Both spouses can file this together (called a 1A divorce) if they agree on everything concerning the divorce, or just one spouse (a 1B divorce) if they do not agree.

Fault-based divorce is filed when one person is considered at fault in causing the marriage to end. The party asking for the divorce must prove a specific reason for the divorce. Grounds for fault-based divorces can include things like adultery, desertion, habitual drinking, cruelty, neglect, impotence, not providing support, or being in prison for five years or more.

There is also a mandatory waiting period in Massachusetts. Uncontested no-fault divorces (1A) usually get finalized 120 days after the provisional judgment (called judgment nisi). In contested cases, the judgment nisi lasts for 90 days before it becomes final. The duration for finalizing a divorce in Massachusetts varies by divorce type. An uncontested 1A divorce can be wrapped up in about six months. On the other hand, contested divorces might take a year or even longer, depending on the disputes and how the trial is scheduled.

Types of Divorce in Massachusetts

Massachusetts law provides for different types of divorce:

• Uncontested divorce (1A): An uncontested divorce means that both parties agree the marriage has irretrievably broken down and have filed jointly with a settlement agreement. This is faster and requires only one court hearing.
• Contested no-fault divorce (1B): Contested no-fault divorce means that one party files for divorce alleging irretrievable breakdown of the marriage. If unresolved, the case proceeds like a contested divorce.
• Fault-based divorce: This means that one person is considered at fault in causing the marriage to end. Grounds for fault-based divorce can include adultery, cruelty, desertion, habitual intoxication, or non-support.
• Collaborative divorce: This approach enables couples to resolve disputes through mediation or attorney negotiation outside of the court.
• Separate Support: Massachusetts permits separate support actions, which establish court-ordered arrangements for custody, support, and property division. This action does not dissolve the marriage, but it can stop your spouse from putting any limitations on your personal freedom.

Massachusetts Divorce Court Process and Forms

Divorces in Massachusetts are filed in the Probate and Family Court of the county where either spouse lives.

The process starts when the plaintiff, or both spouses together in 1A cases, submits the required forms. Some of the usual forms are:

• Complaint for Divorce (1B or fault) or Joint Petition for Divorce (1A)
• Financial Statements (short or long form depending on income)
• Affidavit Disclosing Care or Custody Proceedings (if children are involved)
• Separation Agreement (for 1A cases)
• Child Support Guidelines Worksheet

In Massachusetts, the other spouse must be served with the complaint and summons unless they file a joint petition. Typically, the sheriff or a process server handles this.

Both spouses are required to provide financial disclosures. If children are involved, parents must also attend a Parent Education Program before any custody orders can be made.

Judges may recommend mediation in cases of custody or visitation disagreements. If both parties agree, a brief hearing is held to go over the agreement. If there is a disagreement, there may be hearings and a trial.

The divorce is finalized when the judge issues a Judgment of Divorce Nisi. After the nisi period, which lasts 90 or 120 days, the judgment automatically becomes absolute, officially ending the marriage.

City- and County-Level Filing Details

Divorces in Massachusetts are filed in the Probate and Family Courts. Here are details for some of the state’s largest counties:

• Suffolk County (Boston):
  • Courthouse: Suffolk Probate and Family Court, 24 New Chardon Street, Boston, MA 02114.
  • Services: Suffolk County Probate and Family Court provides online access to divorce forms.
• Middlesex County (Cambridge):
  • Courthouse: Middlesex Probate and Family Court, 208 Cambridge Street, Cambridge, MA 02141.
  • Services: Middlesex County Probate and Family Court provides different self-help resources to individuals interested in terminating their marriage. The court also recommends mediation in custody disputes.
• Worcester County (Worcester):
  • Courthouse: Worcester Probate and Family Court, 225 Main Street, Worcester, MA 01608.
  • Services: This court provides access to downloadable forms online. It also requires parties seeking a divorce to attend parenting programs if they have children.
• Essex County (Salem):
  • Courthouse: Essex Probate and Family Court, 36 Federal Street, Salem, MA 01970.
  • Services: Essex County Probate and Family Court provides access to mediation services.
• Norfolk County (Canton):
  • Courthouse: Norfolk Probate and Family Court, 35 Shawmut Road, Canton, MA 02021.
  • Services: This court guides those interested in filing for a divorce.

Procedures are similar statewide, but each court may have local scheduling practices.

How to Search for Divorce Records in Massachusetts

Divorce records in Massachusetts are generally public. However, sensitive information, such as Social Security numbers, financial account details, and information about minor children, is redacted. The Probate and Family Court Clerk maintains records in the county where the divorce was finalized.

Ways to access records include:

• At the courthouse: Certified copies of divorce judgments can be requested from the clerk for a fee.
• Online: The Massachusetts Trial Court Electronic Case Access (MassCourts)system provides online access to docket summaries. Full records must be obtained from the court clerk.
• Vital Records: The Massachusetts Registry of Vital Records and Statistics provides divorce certificates (summary records) for divorces granted since 1952.
• Third-party services: Private record search sites may provide information, but only the court or Vital Records Registry can issue certified copies.

Divorce records usually include the names of the spouses, the date and county of divorce, the case number, and the court’s orders on custody, property division, child support, and alimony. The Judgment of Divorce Absolute is the official proof that the marriage has legally ended.

Key Points

• Divorce in Massachusetts is filed in the Probate and Family Court of the county where either spouse resides.
• Residency requires six months to one year, depending on where the grounds occurred.
• Massachusetts allows both no-fault divorces (based on the irretrievable breakdown of the marriage) and fault-based divorces.
• A 90- or 120-day “nisi period” applies before a divorce judgment becomes final.
• Parents must complete a parent education program, and mediation is often required in custody disputes.
• Divorce records are public and available through county Probate and Family Court clerks, with online case lookup and certificates available from the Registry of Vital Records.