Divorce in Massachusetts: How It Works, Step by Step (2026 Guide)
Massachusetts family law · Last reviewed October 28, 2026
Massachusetts makes you wait after you file, not before. There's no separation period: you can file as soon as the marriage has irretrievably broken down. Spouses who agree on everything file a 1A joint petition; one spouse alone files a 1B complaint, and the hearing can't come sooner than six months later. Either way, the judgment starts as a judgment nisi and becomes final, or absolute, 90 days after it enters. Divorces are heard in the Probate and Family Court.
The law is in chapter 208 of the General Laws. Procedure follows the Massachusetts Rules of Domestic Relations Procedure, not the general civil rules, and the court's Supplemental Rules and standing orders.
Massachusetts divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | One year living in Massachusetts before filing if the reason for the divorce arose elsewhere; domicile here if it arose here | G.L. c. 208, §§ 4-5 |
| No-fault ground | Irretrievable breakdown of the marriage | §§ 1A, 1B |
| Fault grounds | Adultery, impotency, desertion for a year, habitual intoxication, cruel and abusive treatment, refusal to support, a prison sentence of five years or more | §§ 1, 2 |
| Separation before filing | Not required | §§ 1A, 1B |
| Waiting period | 1A: judgment nisi 30 days after approval of the agreement. 1B: hearing no earlier than six months after filing | §§ 1A, 1B |
| Final | 90 days after the judgment nisi enters | § 21 |
| Filing fee | $200 plus $15 surcharge; $5 more for a summons. Same in every county | G.L. c. 262, §§ 4C, 40 |
| Time to answer | 20 days after service | Mass. R. Dom. Rel. P. 12(a) |
| Property | Equitable division of all or any part of either spouse's estate | § 34 |
| Alimony | Usually no more than need or 30 to 35 percent of the income difference; duration limited by marriage length | §§ 48-55 |
| Child support | 2025 Child Support Guidelines, effective December 1, 2025 | Trial Court guidelines; § 28 |
| Custody | Happiness and welfare of the child; no presumption for or against shared custody at trial | §§ 31, 31A |
Who can file
Massachusetts doesn't count residency the way most states do. Section 4 bars a divorce if the spouses "have never lived together as husband and wife in this commonwealth," and limits divorces for causes that arose elsewhere. Section 5 gives the two ways around that:
If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce.
The court's divorce pages put it simply: you can file if you've lived in the state for a year, or if the marriage ended because of something that happened here and you lived here as a couple. A move made just to get a divorce doesn't count.
You file in the county where you last lived together, if either of you still lives there; otherwise in a county where either of you lives (§ 6).
The grounds
No-fault: irretrievable breakdown. Both the 1A and the 1B routes use this ground. You don't have to prove your spouse did anything, and you don't have to live apart first.
Fault. Section 1 keeps adultery, impotency, "utter desertion continued for one year next prior to the filing of the complaint," gross and confirmed habits of intoxication, cruel and abusive treatment, and a spouse's gross or wanton refusal to provide support despite being able to. Section 2 adds a sentence of life or five years or more. Fault has to be proved, and conduct during the marriage is one of the property division factors either way.
Which Massachusetts divorce route fits your case?
A quick sort using G.L. c. 208, §§ 1, 1A, 1B, 4 and 5 and the Probate and Family Court’s divorce pages. A starting point, not advice.
The two no-fault routes
1A: joint petition. You and your spouse file together with an affidavit of irretrievable breakdown and a notarized separation agreement that settles everything. There's no summons and no answer. After a hearing, the judge approves the agreement if it is fair; the judgment nisi enters 30 days later and becomes absolute 90 days after that. See uncontested divorce.
1B: complaint. One spouse files and serves the other. The hearing comes no earlier than six months after filing, and the judge must find the breakdown has continued from filing to hearing. If you settle along the way, the case can finish on your agreement, and if you file the 1A papers before judgment it proceeds under § 1A.
How a Massachusetts divorce moves
- File the petition or complaint in the Probate and Family Court with a certified marriage certificate, the R-408 report, and the fee or an indigency affidavit. See forms and cost.
- Serve your spouse (1B and fault only) within 90 days, in hand or by your spouse's notarized acceptance on the summons (Mass. R. Dom. Rel. P. 4). Filing a complaint also starts an automatic restraining order on both spouses' property.
- The answer is due 20 days after service (Rule 12). Rule 55 of the domestic relations rules, the default rule in civil cases, is deleted; if your spouse doesn't answer, you still prove your case at a hearing.
- Exchange financial information within 45 days of service: sworn financial statements (Rule 401) and three years of tax returns and account statements (Rule 410).
- Parent education. If custody or parenting time is in dispute, each parent takes the Two Families Now course.
- Temporary orders on custody, support and the home are available by motion while the case is pending.
- The hearing. In a 1A case, the judge reviews your agreement. In a 1B or fault case, the judge approves a settlement or holds a trial.
- Judgment nisi, then absolute. You're divorced 90 days after the judgment nisi enters. See how long it takes.
Money and children: how Massachusetts decides
Property. The court can assign "all or any part of the estate of the other," weighing factors such as the length of the marriage, each spouse's conduct, income, needs and future prospects, and contributions as a homemaker. See property division.
Alimony. Four kinds: general term, rehabilitative, reimbursement and transitional. General term alimony usually doesn't exceed the recipient's need or 30 to 35 percent of the income difference, and for marriages of 20 years or less it lasts no longer than 50 to 80 percent of the months of the marriage. See spousal support.
Child support. The 2025 Child Support Guidelines, run through the CJD 304 worksheet, apply up to $450,000 of combined income. See child support.
Custody. The child's happiness and welfare decide. Parents share legal custody while the case is pending unless a judge finds otherwise, and proof of abuse creates a presumption against custody to the abusive parent. See custody.
Separate support and annulment
Separate support is the closest thing Massachusetts has to legal separation. The court's page says Massachusetts "doesn't have a procedure called" legal separation; separate support is a case for support for you or your children while you stay married. It is not a divorce. The filing fee is $100 plus the $15 surcharge.
Annulment declares that a marriage was never valid. The court's annulment page explains who qualifies.
Domestic violence
You don't need to file for divorce to get protection. An abuse prevention order is a separate case; the court's restraining order forms page has the forms. In custody, a finding of a pattern or serious incident of abuse creates a presumption against custody to the abusive parent (§ 31A). The automatic restraining order in a divorce protects property, not personal safety.
After the judgment
- Final. The judgment nisi becomes absolute 90 days after it enters, without any filing by you (§ 21).
- Remarriage. Allowed once the judgment is absolute, and not before (§ 24).
- Name. The court can allow a return to a former name (§ 23).
- Records. The court doesn't mail a decree. Order a certificate of divorce absolute ($20). See records.
- Changes. Child support, custody and parenting time can be modified on a complaint for modification ($50 fee); alimony and other issues cost $150 to modify.
What's new in Massachusetts divorce law
| Effective | Change | Source |
|---|---|---|
| February 12, 2024 | Revised Two Families Now co-parenting course rules: register within 30 days of service, $49 per parent, joint 1A petitions exempt | Probate and Family Court Standing Order 3-23 |
| November 5, 2025 | New § 56 of chapter 208: another state's ban on gender-affirming care can't be the basis for changing custody or parenting time | St. 2025, c. 16, § 20 |
| December 1, 2025 | 2025 Child Support Guidelines: $450,000 income cap (was $400,000), $15 and $33 low-income limits, child care up to $430 a week per child, 40 percent hardship presumption | Trial Court, 2025 Child Support Guidelines |
| June 1, 2026 | Hearings on joint petitions for divorce presumptively held remotely | Standing Order 1-26 |
| Enacted August 6, 2026 | Abuse prevention orders entered on behalf of a minor stay in effect after the child turns 18 unless the court orders otherwise (new c. 209A, § 9A) | St. 2026, c. 179, § 56 |
Nothing in the 2025 or 2026 session laws amended the divorce sections of chapter 208 that set the grounds, the 1A and 1B procedures, the nisi period, property division or alimony. A bill on the Uniform Child Custody Jurisdiction and Enforcement Act (S.2550) passed the Senate in July 2025 and remains in a House committee.
Common myths about divorce in Massachusetts
| Myth | What the law says |
|---|---|
| You have to be separated before you can file. | No. Massachusetts has no separation requirement for a no-fault divorce (§§ 1A, 1B). |
| My spouse can block the divorce by refusing to sign. | No. A 1B complaint needs only one spouse; your spouse's signature is needed only for a joint petition. |
| I'm divorced the day the judge approves our agreement. | No. In a 1A case the judgment nisi enters 30 days later, and it becomes absolute 90 days after that. |
| I can remarry during the nisi period. | No. You stay married until the judgment is absolute (§§ 21, 24). |
| Property is split 50/50. | No. Section 34 divides property equitably on a list of factors, and can reach property either spouse owns. |
| Alimony lasts forever. | Usually not. General term alimony is limited by marriage length for marriages of 20 years or less, and ends at the payor's full retirement age as a rule (§ 49). |
| Child support always ends at 18. | No. The court can order support to 21, or to 23 for a child in school, if the child lives with and depends on a parent (§ 28). |
Frequently asked questions
How long do you have to live in Massachusetts to get a divorce?
One year before filing, if the reason for the divorce arose outside Massachusetts. If it arose here, § 5 lets you file once you are domiciled here; the court's pages describe this as the marriage ending because of something that happened here after you lived here as a couple. A move made only to get a divorce doesn't qualify.
How long does a divorce take in Massachusetts?
A 1A joint petition becomes final 120 days after the judge approves your agreement, plus the wait for a hearing. A 1B divorce takes at least six months to the hearing and 90 days more to become absolute.
How much does a divorce cost in Massachusetts?
The court fees are $215 for a joint petition and $220 for a complaint, the same statewide. Service, parent education ($49 per parent in contested custody cases) and lawyers' fees are extra. Fees can be waived for people who can't afford them.
Is Massachusetts a no-fault divorce state?
It has both. The 1A and 1B routes use the no-fault ground of irretrievable breakdown, but the fault grounds in § 1 are still available, and conduct during the marriage can affect property division.
What is a judgment of divorce nisi?
The first judgment in every Massachusetts divorce. It becomes absolute, and the divorce final, 90 days after it enters. Until then you are still married.
Can I get divorced in Massachusetts without a lawyer?
Yes. The court publishes statewide forms, a sample separation agreement, and step-by-step pages for 1A and 1B divorces. If you have a house, a pension, a business, or a custody dispute, get advice before you sign an agreement.