Massachusetts offers two types of no-fault divorce. A "1A" divorce is a joint petition where both spouses agree on all terms including property division, custody, and support. A "1B" divorce is filed by one spouse alleging an irretrievable breakdown of the marriage, which may be contested by the other party. Massachusetts also retains seven fault-based grounds: adultery, impotency, desertion for one year, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and a prison sentence of five or more years. Most divorces proceed under the no-fault 1A or 1B track.
To file for divorce in Massachusetts, one or both spouses file a Complaint for Divorce in the Probate and Family Court in the county where either spouse resides. The filing fee is $305. For a 1A no-fault divorce, both parties file a joint petition along with a complete separation agreement and a Financial Statement (short or long form depending on income). For a 1B divorce, the complaint is served on the other spouse through the county sheriff or constable. Massachusetts requires automatic restraining orders upon filing that prevent either party from selling assets, changing insurance, or removing children from the state.
Massachusetts residency requirements depend on where the grounds for divorce arose. If the cause of the divorce occurred within Massachusetts, the filing spouse only needs to be a domiciliary of the state at the time of filing with the intent to remain. If the grounds arose outside the state, at least one spouse must have lived in Massachusetts for one year before filing. This distinction can be significant for couples who recently relocated to the state.
Massachusetts follows equitable distribution under Massachusetts General Laws Chapter 208 §34. The court divides marital property in a manner it considers fair, which may or may not be equal. Massachusetts takes an "all property" approach, meaning the court may assign any property of either spouse regardless of when or how it was acquired, including assets owned before the marriage, inherited property, and gifts.
Massachusetts courts consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, income, vocational skills, and employability of each party, the amount and sources of income, liabilities, and needs of each party, the opportunity of each party for future acquisition of capital assets and income, the contribution of each party to the acquisition, preservation, or appreciation of assets (including as a homemaker), and the present and future needs of any dependent children of the marriage. The court also considers the contribution of each party to the education or earning power of the other.
Massachusetts courts determine custody based on the best interests of the child under Massachusetts General Laws Chapter 208 §31. The court may award sole or shared legal custody and sole or shared physical custody. Massachusetts law does not create a presumption in favor of either parent based on gender, and the court considers the happiness and welfare of the child as the paramount concern.
Legal custody grants the right to make major decisions about the child's welfare, including education, medical care, and religious upbringing. Physical custody determines where the child lives. Shared legal custody is common, meaning both parents participate in major decisions. Shared physical custody means the child spends substantial time with both parents, though the schedule need not be perfectly equal.
Courts consider whether the child's present or past living conditions adversely affect physical, mental, moral, or emotional health, whether either parent has a history of abuse or neglect, and the ability of each parent to provide for the child's needs. Massachusetts also evaluates the quality of the child's relationship with each parent, the child's adjustment to home, school, and community, and the child's wishes if the child is of sufficient maturity. A parent with a history of domestic abuse faces a rebuttable presumption against receiving custody.
A 1A divorce is a joint no-fault petition where both spouses agree on all terms and file together with a complete separation agreement. It is the fastest and least expensive path to divorce in Massachusetts. A 1B divorce is a no-fault divorce filed by one spouse on the ground of irretrievable breakdown, which the other spouse may contest. A 1B divorce requires a six-month waiting period after filing before the court will hear the case on its merits.
After the court approves the divorce, there is a 90-day "nisi" period before the divorce becomes absolute. During this time, either party can request that the court reconsider its judgment. The divorce is not final until the nisi period expires, meaning neither party can remarry during this 90 days. The nisi period generally cannot be shortened.
Massachusetts takes an all-property approach, meaning the court can assign any property owned by either spouse, regardless of when or how it was acquired. This includes premarital assets, inherited property, and gifts. The court considers the source and timing of property as factors in determining a fair division, but no property is automatically excluded from division.
For a 1A joint petition divorce, both parties typically must attend one brief hearing where the judge reviews the separation agreement and enters the judgment. Massachusetts does not currently allow fully online divorce without a court appearance, though some courts have implemented virtual hearing options. A 1B contested divorce requires one or more court hearings.