Massachusetts Divorce Laws

Divorce Laws in Massachusetts (MA)

Massachusetts processes 20,000+ divorces annually. As an equitable distribution state, courts divide marital assets fairly based on multiple factors. Both no-fault and fault-based grounds are available.

Filing Fee

$200–$275

Residency Req.

12 months

Waiting Period

120 days (contested)

Property Type

Equitable

Grounds for Divorce

Massachusetts allows both no-fault and fault-based divorce under Mass. Gen. Laws ch. 208 §1. Filing on fault grounds may affect property division or alimony in some cases.

GroundType
Irreconcilable DifferencesNo-Fault
AdulteryFault
DesertionFault
Cruel treatmentFault
Habitual intoxicationFault
ImprisonmentFault

Property Division

Massachusetts is an equitable distribution state. This means courts divide marital property in a manner that is fair and equitable, but not necessarily equal. Judges consider factors including length of marriage, each spouse's earning capacity, contributions to marital assets, and the economic circumstances of each party.

The median uncontested divorce in Massachusetts costs approximately $12,000. Contested cases with significant property disputes average $50,000.

Child Custody

Massachusetts courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.

Massachusetts uses the Income Shares model. Both parents' incomes are combined, and a state guideline table determines the total support obligation. Each parent's share is proportional to their percentage of the combined income.

Alimony & Spousal Support

Spousal support in Massachusetts is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.

Under Mass. Gen. Laws ch. 208 §1, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.

Filing Requirements & Costs

Residency Requirement12 months
Filing Fee$200–$275
Waiting Period120 days (contested)
No-Fault AvailableYes
Fault Grounds AvailableYes (5 grounds)
Child Support ModelIncome Shares
Governing StatuteMass. Gen. Laws ch. 208 §1

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Frequently Asked Questions

How long do you have to live in Massachusetts to file for divorce?
Massachusetts requires 12 months of residency before you can file for divorce. Mass. Gen. Laws ch. 208 §1 governs the filing requirements.
Is Massachusetts a community property or equitable distribution state?
Massachusetts follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Massachusetts?
Filing fees in Massachusetts range from $200–$275. The median total cost is approximately $12,000 for uncontested divorces and $50,000 for contested cases.
How long does a divorce take in Massachusetts?
Massachusetts has a mandatory waiting period of 120 days (contested). Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Massachusetts?
Massachusetts uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.
Can I file for divorce on fault grounds in Massachusetts?
Yes. Massachusetts allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Desertion, Cruel treatment, Habitual intoxication, Imprisonment.
How many divorces happen in Massachusetts each year?
Massachusetts processes approximately 20,000+ divorces annually, making it important to understand your state's specific rules and formulas.
What should I do first if I'm considering divorce in Massachusetts?
Start by understanding the three core issues — property division, support/alimony, and custody. Use our free tools to calculate your costs, analyze your situation, and understand your state's specific formulas before spending money on attorney consultations.

Related Resources for Massachusetts

Cities in Massachusetts

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This page provides general information about divorce laws in Massachusetts and is not legal advice. Laws change frequently — verify current statutes with Mass. Gen. Laws ch. 208 §1 or consult a licensed Massachusetts attorney. Last reviewed March 2026.