Massachusetts Divorce Information
and FAQ
A divorce may be granted in the Massachusetts on the following grounds:
1. Adultery; 2. Impotency; 3. Desertion for at least one year; 4.
Addiction to drugs/alcohol; 5. Cruel and abusive treatment; 6. Refusal to
support spouse when able; 7. Confinement in penal institution for 5 or
more years; 8. Irretrievable breakdown of the marriage. MGLS 208:1
Residency requirements If the cause of the divorce occurred outside of
Massachusetts, the plaintiff must have resided in Massachusetts for at
least one year prior to the filing of the action. If the cause of the
divorce occurred within Massachusetts, at least one of the parties must be
a Massachusetts resident. MGLS 208:4-5
Venue An action for divorce may be filed in the county of the parties'
last residence as husband and wife. If neither spouse still lives in the
county of the last marital domicile, the divorce may be filed in the
county where either party resides. MGLS 208:6 Name of court and title of
action/parties An action for divorce is filed in the Probate Court of the
Commonwealth of Massachusetts. The title of the action initiating the
divorce is known as the Complaint or Petition, while the title of the
action granting the divorce is referred to as the Judgment of Divorce. The
filing party is known as the Plaintiff or Petitioner and the other party
to the action is referred to as the Defendant or Respondent. If a joint
complaint is filed, both parties are referred to as Co-Petitioners. MGLS
208:8
Simplified divorce procedure An action for divorce based upon the
irretrievable breakdown of the marriage may be commenced by the parties
filing a joint complaint and a sworn affidavit alleging that the marriage
has suffered an irretrievable breakdown along with a separation agreement.
No summons or answer is required if this method is chosen. After the court
has a hearing in which the separation agreement is examined to determine
if proper provisions were made for alimony, property distribution and
custody and support of any children of the marriage, the court will within
thirty days of the hearing make a finding of whether the divorce should be
granted. MGLS 208:1A
Legal separation The court may issue an order of legal separation of
the parties and make provisions for the reasonable separate maintenance
and support of the party seeking separation from the other. MGLS 208:20
Mediation When the parties file for divorce under the no-fault provisions
of irretrievable breakdown of the marriage, the court may at any time
prior the issuance of the judgment of divorce require the parties to
participate in family or marriage counseling. MGLS 208:1A
Alimony Either party to a divorce may be ordered to pay alimony to the
other spouse. In determining the amount and nature of the alimony award,
the court will consider the following factors:
1. The length of the marriage; 2. The conduct of the parties during the
marriage; 3. The age, health, station, occupation, amount and sources of
income; 4. The vocational skills and employability of the parties; 5. The
estate, liabilities and needs of each party; 6. The opportunity of each
party for future acquisition of capital assets and income; 7. The present
and future needs of any dependent children of the marriage; 8. The
contribution of each party to the acquisition, preservation or
appreciation in value of their respective estates. 9. The contribution of
each of the parties as a homemaker to the family unit.
In addition, the court shall also determine whether the spouse ordered
to pay alimony has health insurance or whether health insurance is
reasonably available. If so, the court will order that health insurance be
extended to cover the other spouse or purchased for the other spouse when
reasonably available. MGLS 208:34
Property distribution The court may assign to either spouse all or part
of the estate of the other spouse after consideration of the following
factors: 1. The length of the marriage; 2. The conduct of the parties
during the marriage; 3. The age, health, station, occupation, amount and
sources of income; 4. The vocational skills and employability of the
parties; 5. The estate, liabilities and needs of each party; 6. The
opportunity of each party for future acquisition of capital assets and
income; 7. The present and future needs of any dependent children of the
marriage; 8. The contribution of each party to the acquisition,
preservation or appreciation in value of their respective estates. 9. The
contribution of each of the parties as a homemaker to the family unit.
MGLS 208:34
Child custody In determining the custody of minor children of the
marriage, the court will look to the child's best interests. When
considering the child's best interests, the court shall consider whether
the child's present or past living conditions adversely affect his
physical, mental, moral or emotional health. The court will also consider
whether any family member abuses alcohol or drugs, has deserted the child,
and whether the parties have a history of being able and willing to
cooperate in matters concerning the child. If custody is a contested issue
in the divorce, the parties must submit a parenting plan to the court for
its consideration setting forth details regarding the child's education,
health care, procedures for resolving disputes, and visitation. MGLS
208:31
Child support Massachusetts has enacted child support guidelines that
are presumed to be the correct amount of child support due. Deviation from
the guidelines requires the court to make a specific written finding
stating the amount that would have been due under the guidelines; that the
application of the guidelines would be unjust or inappropriate under the
circumstances; state the specific facts justifying the deviation; and find
that the deviation is consistent with the child's best interests. MGLS
208:28 Financial statement Unless otherwise ordered by the court, each
party to a divorce action in Massachusetts must file with the court and
deliver to the other party a complete and accurate financial statement
showing the assets, liabilities and current income and expenses of the
parties. MRDRP 401
Name change Upon the granting of a divorce, the court may allow a woman
to resume the use of her former or maiden name. MGLS 208:23
Abington Accord Acton Acushnet Adams
Agawam Alford Allendale Allston Amesbury Amherst Andover Aquinnah
Arlington Arlington Heights Ashburnham Ashby Ashfield Ashland Ashley Falls
Assinippi Assonet Athol Attleboro Attleboro Falls Auburn Auburndale Avon
Ayer Babson Park Baldwinville Baptist Corner Barnstable Barre Bass River
Bay State Village Beachmont Becket Becket Center Becket Corners Bedford
Belchertown Bellingham Belmont Berkley Berkshire Berkshire Heights Berlin
Bernardston Beverly Beverly Farms Big Pond Billerica Blackstone Blandford
Blissville Bolton Bondsville Boston Boston College Boston University
Bourne Boxboro Boxborough Boxford Boylston Bradford Braintree Braintree
Highlands Brant Rock Brewster Bridgewater Brighton Brightwood Brimfield
Brockton Brookfield Brookline Brookline Village Bryantville Buckland
Burlington Buzzards Bay Byfield Cambridge Cambridgeport Canton Carlisle
Carver Cataumet Cedarville Centerville Chappaquiddick Island Charlemont
Charlestown Charlton Charlton City Charlton Depot Chartley Chatham
Chelmsford Chelsea Cherry Brook Cherry Valley Cheshire Chester
Chesterfield Chestnut Hill Chicopee Chilmark Clarksburg Clinton Cochituate
Cohasset Cold Spring Colrain Concord Conway Cotuit Crescent Mills
Cummaquid Cummington Cushman Cuttyhunk Dalton Danvers Dartmouth Dedham
Deer Island Deerfield Dennis Dennis Port Devens Dighton Dorchester
Dorchester Center Douglas Dover Dracut Drury Dudley Dudley Hill Dunstable
Duxbury Eagleville East Arlington East Blackstone East Boston East
Braintree East Bridgewater East Brimfield East Brookfield East Cambridge
East Carver East Charlemont East Deerfield East Dennis East Douglas East
Falmouth East Freetown East Harwich East Leverett East Longmeadow East
Lynn East Mansfield East Millbury East Milton East Orleans East Otis East
Pembroke East Pepperell East Princeton East Sandwich East Somerville East
Taunton East Templeton East Walpole East Wareham East Watertown East
Weymouth East Windsor Eastham Easthampton Easton Edgartown Edgemere
Egremont Elmwood Erving Essex Everett Fairhaven Fall River Falmouth Farley
Farm Hill Fayville Feeding Hills Fiskdale Fitchburg Florence Florida
Forestdale Forge Village Fort Devens Foxboro Foxborough Framingham
Framingham Center Framingham So Franklin Freetown Gardner Gay Head
Georgetown Gilbertville Gill Glendale Globe Village Gloucester Goshen
Grafton Granby Granville Granville Center Great Barrington Green Harbor
Greenbush Greendale Greenfield Groton Grove Hall Groveland Gt Barrington
Hadley Halifax Halland Halyoke Hamilton Hampden Hampton Hancock Hanover
Hanscom Air Force Base Hanson Hardwich Hardwick Hartsville Harvard Harvard
Square Harwich Harwich Port Harwood Station Hassanamisco Indian Reservat
Hastings Hatchville Hatfield Hathorne Haverhill Hawley Haydenville Heath
Hingham Hinsdale Holbrook Holden Holland Holliston Holyoke Hoosac Tunnel
Hopedale Hopkinton Horseneck Beach Houghs Neck Housatonic Hubbardston
Hudson Hull Humarock Huntington Hyannis Hyannis Port Hyde Park Indian
Orchard Inman Square Interlaken Ipswich Islington Jamaica Plain Jefferson
Kendal Green Kendall Square Kenmore Kingston Knightville Lake Mattawa Lake
Pleasant Lakeville Lambs Grove Lancaster Lanesboro Lanesborough Lawrence
Lee Leeds Leicester Lenox Lenox Dale Leominster Leverett Lexington Leyden
Lincoln Lincoln Center Lindenwood Linwood Lithia Littleton Longmeadow
Loudville Lowell Ludlow Lunenburg Lynn Lynnfield Magnolia Malden Manchaug
Manchester Manchester by the Sea Manomet Mansfield Maplewood Marblehead
Marina Bay Marion Marion Fathers Marlboro Marlborough Marshfield
Marshfield Hills Marstons Mills Mashpee Mattapan Mattapoisett Maynard
Medfield Medford Medway Melrose Mendon Menemsha Merrimac Methuen Mhead
Middleboro Middlefield Middleton Milford Mill River Millbury Millers Falls
Millerville Millis Millville Milton Milton Village Minot Mission Hill
Monponsett Monroe Monroe Bridge Monson Montague Montague City Monterey
Montgomery Monument Beach Morningdale Mount Hermon Mount Washington
Nabnasset Nahant Nantasket Beach Nantucket Natick Needham Needham Heights
Needham Junction New Ashford New Bedford New Braintree New Marlboro New
Marlborough New Salem New Seabury New Town Newbury Newburyport Newton
Newton Center Newton Highlands Newton Lower Falls Newton Upper Falls
Newtonville Nonantum Nonquitt Norfolk Norfolk Downs North Adams North
Amherst North Andover North Attleboro North Billerica North Brookfield
North Cambridge North Carver North Chatham North Chelmsford North Chester
North Dartmouth North Dighton North Eastham North Easton North Egremont
North Falmouth North Grafton North Hadley North Hampton North Hatfield
North Lancaster North Leverett North Marshfield North Natick North Orange
North Otis North Oxford North Pembroke North Plymouth North Quincy North
Reading North Scituate North Sudbury North Tisbury North Truro North
Uxbridge North Waltham North Weymouth Northampton Northboro Northborough
Northbridge Northfield Norton Norwell Norwood Nutting Lake Nuttings Lake
Oak Bluffs Oak Grove Oakdale Oakham Ocean Bluff Old Furnace Onset Orange
Orleans Osterville Otis Otis Air Force Base Otis Air National Guard Otis
ANG Otis ANGB Otter River Oxford Padanaram Village Palmer Paxton Peabody
Pelham Pembroke Pepperell Peru Petersham Phillipston Pigeon Cove Pinehurst
Pingryville Pittsfield Plainfield Plainville Plum Island Plymouth Plympton
Pocasset Point of Pines Point Shirley Porter Square Prides Crossing
Princeton Provincetown Quincy Quincy Center Randolph Raynham Raynham
Center Reading Readville Rehoboth Revere Revere Beach Richardson Corners
Richmond Risingdale Riverside Rochdale Rochester Rockdale Rockland
Rockport Rocky Nook Roslindale Rowe Rowley Roxbury Roxbury Crossing
Royalston Russell Rutland Sagamore Sagamore Beach Salem Salisbury
Salisbury Beach Sandersdale Sandisfield Sandwich Saugus Saundersville
Savoy Saxonville Scituate Scituate Center Scituate Harbor Seekonk Sharon
Shattuckville Sheffield Shelburne Shelburne Falls Sheldonville Sherborn
Sherwood Forest Shirley Shirley Center Shrewsbury Shutesbury Siasconset
Silver Beach Silver Hill Silver Lake Soldiers Field Somerset Somerville
South Amherst South Ashburnham South Ashfield South Attleboro South Barre
South Boston South Carver South Chatham South Chelmsford South
Chesterfield South Dartmouth South Deerfield South Dennis South Easton
South Egremont South Grafton South Hadley South Hadley Falls South
Hamilton South Harwich South Lancaster South Lawrence South Lee South
Lynnfield South Mashpee South Natick South Orleans South Quincy South
Royalston South Sandisfield South Walpole South Waltham South Wellfleet
South Weymouth South Worthington South Yarmouth Southampton Southboro
Southborough Southbridge Southfield Southwick Spencer Spindleville
Springfield Springfield BMC Squantum Sterling Sterling Junction
Stewartville Still River Stockbridge Stoneham Stoneville Stony Brook
Stoughton Stow Sturbridge Sudbury Sunderland Sutton Swampscott Swansea
Taunton Teaticket Templeton Tewksbury Thorndike Three Rivers Tisbury
Tolland Topsfield Tower Square Townsend Truro Tufts University Turners
Falls Tyngsboro Tyngsborough Tyringham Uphams Corner Upton Uxbridge Van
Deusenville Village of Nagog Woods Vineyard Haven Waban Wakefield Wales
Walpole Waltham Waquoit Ward Hill Ware Wareham Warren Warwick Washington
Watertown Waverley Wayland Webster Webster Square Wellesley Wellesley
Hills Wellfleet Wendell Wendell Depot Wenham West Acton West Barnstable
West Becket West Boxford West Boylston West Bridgewater West Brookfield
West Chatham West Chesterfield West Chop West Concord West Cummington West
Deerfield West Dennis West Falmouth West Granville West Groton West
Hanover West Harwich West Hatfield West Hawley West Hyannisport West Lynn
West Medford West Millbury West Newbury West Newton West Otis West Peabody
West Quincy West Roxbury West Side West Somerville West Springfield West
Stockbridge West Stockbridge Center West Tisbury West Townsend West Upton
West Wareham West Warren West Whately West Yarmouth Westborough Westfield
Westford Westhampton Westminster Weston Westover Air Force Base Westport
Westport Point Westwood Weymouth Weymouth NAS Whately Wheelwright White
Horse Beach Whitinsville Whitman Wilbraham Wilkinsonville Williamsburg
Williamstn Williamstown Willimansett Wilmington Winchendon Winchendon
Springs Winchester Windsor Winter Hill Winthrop Wmstown Woburn Wollaston
Woods Hole Woodshole Woodville Worcester Woronoco Woronoco Heights
Worthington Wrentham Yarmouth Yarmouth Port Yarmouthport
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