Massachusetts divorce laws

Where and how to file in Massachusetts

Who can file (residency)

If the reason for the divorce happened in Massachusetts, you can file if you live there (unless you moved there just to get divorced). If it happened elsewhere, the person filing must have lived in Massachusetts for 1 year before filing, unless you lived there together as a married couple.

Waiting period

Uncontested joint petition (1A): after the court approves your agreement, the judgment nisi enters 30 days later and becomes final (absolute) 90 days after that, about 120 days total. Contested no-fault (1B): the hearing can't be held earlier than 6 months after filing, then 90 more days until final. All divorce judgments become absolute 90 days after the judgment nisi.

Court

Probate and Family Court in the county where you last lived together (if one of you still lives there) or where either of you lives

Official forms

Divorce forms (Massachusetts courts)

Court self-help

Divorce self-help (Massachusetts courts)

Filing fee

$215 to file a complaint for divorce ($200 filing fee + $15 surcharge) (Probate and Family Court filing fees page).

If you can't afford the fee

If you can't afford the fees, file an Affidavit of Indigency to ask the court to waive fees and costs (see the court's 1B divorce page: https://www.mass.gov/info-details/get-a-no-fault-1b-divorce).

Simpler process for agreed cases

Joint Petition for Divorce under section 1A: both spouses sign the petition and an affidavit of irretrievable breakdown and file a notarized separation agreement (with the petition or within 90 days); no summons or answer is needed and you attend one hearing.

E-filing

Yes. The Probate and Family Court accepts e-filing for many filings: https://www.mass.gov/info-details/efiling-in-the-probate-and-family-court

Law

Mass. Gen. Laws ch. 208, sec. 4-5 · Mass. Gen. Laws ch. 208, sec. 1A, 1B, 21

Divorce in Massachusetts, step by step

1. Check that you can file in Massachusetts

   If the reason for the divorce happened in Massachusetts, you can file if you live there (unless you moved there just to get divorced).

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Massachusetts courts) Joint Petition for Divorce under section 1A: both spouses sign the petition and an affidavit of irretrievable breakdown and file a notarized separation agreement (with the petition or within 90 days); no summons or answer is needed and you attend one hearing.

3. File the papers and pay the fee, or ask for a waiver

   File with the Probate and Family Court in the county where you last lived together (if one of you still lives there) or where either of you lives. Filing fee: $215 to file a complaint for divorce ($200 filing fee + $15 surcharge) (Probate and Family Court filing fees page). Can't afford it? If you can't afford the fees, file an Affidavit of Indigency to ask the court to waive fees and costs (see the court's 1B divorce page: https://www.mass.gov/info-details/get-a-no-fault-1b-divorce).

4. Serve your spouse

   For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service.

5. Your spouse responds

   20 days after you receive the summons and complaint (the summons states the deadline). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   Uncontested joint petition (1A): after the court approves your agreement, the judgment nisi enters 30 days later and becomes final (absolute) 90 days after that, about 120 days total.

7. Agree, or go to mediation or a hearing

   Not required, but common and encouraged; the court can refer you to court-connected dispute resolution programs. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. The court granting the divorce may allow you to resume your maiden or former name (Mass. Gen. Laws ch. 208, sec.

Free tools for Massachusetts

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Divorce timeline estimator for Massachusetts

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Massachusetts

No-fault ground

irretrievable breakdown of the marriage

Fault grounds

Also allowed

Law

Mass. Gen. Laws ch. 208, sec. 1, 1A, 1B

Property and debts in Massachusetts

System

Equitable distribution

The rule

The court can divide all property either spouse owns, including property from before the marriage, in a way that is fair, considering factors like length of the marriage, conduct, age, health, income, needs, and contributions (including as homemaker).

Law

Mass. Gen. Laws ch. 208, sec. 34

Alimony (spousal support) in Massachusetts

Under the Alimony Reform Act, general term alimony is usually capped at 30-35% of the difference in gross incomes (or the recipient's need). Duration limits: up to 50% of the months of marriage for marriages of 5 years or less, 60% for 5-10 years, 70% for 10-15 years, 80% for 15-20 years; indefinite is possible after 20 years. It usually ends at the payer's full retirement age. Judges can deviate with written findings. Mass. Gen. Laws ch. 208, sec. 48-55.

Children: custody and support in Massachusetts

What Massachusetts calls custody

legal and physical custody (sole or shared) and parenting time

Parenting class

Yes, in most cases. Under Probate and Family Court Standing Order 3-23 (effective Feb. 12, 2024), parents in a divorce complaint involving custody or parenting time of minor children must take the online 'Two Families Now' co-parenting course unless waived. Joint 1A petitions are not on the required list: https://www.mass.gov/parent-education

Child support calculator

Official child support calculator or guidelines

Child support agency

Massachusetts Department of Revenue, Child Support Services

Serving your spouse in Massachusetts

How your spouse gets the papers

For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service. A joint 1A petition needs no service.

Time to respond

20 days after you receive the summons and complaint (the summons states the deadline).

Law

Mass. R. Dom. Rel. P. 4, 12; Mass. Gen. Laws ch. 208, sec. 1A

Going back to a former name in Massachusetts

Yes. The court granting the divorce may allow you to resume your maiden or former name (Mass. Gen. Laws ch. 208, sec. 23).

Mediation in Massachusetts

Not required, but common and encouraged; the court can refer you to court-connected dispute resolution programs.

Free help in Massachusetts

• Massachusetts Court Service Centers
• MassLegalHelp

Good to know in Massachusetts

• Every Massachusetts divorce has a 90-day 'nisi' period after judgment before it becomes final (Mass. Gen. Laws ch. 208, sec. 21).
• Massachusetts courts can divide property owned before the marriage too (Mass. Gen. Laws ch. 208, sec. 34).

Changes in 2024–2026

Standing Order 3-23 (Feb. 12, 2024) made the online 'Two Families Now' co-parenting course mandatory in divorce (except 1A), custody, paternity and separate support cases with minor children. New Child Support Guidelines worksheet issued in 2025 (mass.gov).

Divorce checklist for Massachusetts

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Questions about divorce in Massachusetts

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