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Legal Separation in Massachusetts

How legal separation differs from divorce in Massachusetts. Process, rights, and when to choose it. Massachusetts follows equitable distribution.

Property Type

Equitable

Filing Fee

$200–$275

Median Cost

$12,000–$50,000

Annual Divorces

20,000+

Understanding Legal Separation in Massachusetts

To file for divorce in Massachusetts, you must meet Massachusetts’s residency requirement of 12 months. The filing fee is $200–$275. There is a mandatory waiting period of 120 days (contested) before the divorce can be finalized.

Massachusetts allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Desertion, Cruel treatment, Habitual intoxication, Imprisonment. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in Massachusetts typically costs $12,000 and takes 2–4 months. Contested cases average $50,000 and can take 12–18 months or longer. The governing statute is Mass. Gen. Laws ch. 208 §1.

Common 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.

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Related Resources

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