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.
| Ground | Type |
|---|---|
| Irreconcilable Differences | No-Fault |
| Adultery | Fault |
| Desertion | Fault |
| Cruel treatment | Fault |
| Habitual intoxication | Fault |
| Imprisonment | Fault |
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 Requirement | 12 months |
| Filing Fee | $200–$275 |
| Waiting Period | 120 days (contested) |
| No-Fault Available | Yes |
| Fault Grounds Available | Yes (5 grounds) |
| Child Support Model | Income Shares |
| Governing Statute | Mass. Gen. Laws ch. 208 §1 |
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Frequently Asked Questions
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Create Free AccountThis 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.