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
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