State Of Massachusetts Divorce Laws

About This Article

This article is a summary of Massachusetts divorce law and covers the following legal topics:

• Massachusetts Residency Requirements
• Legal Grounds for Divorce in Massachusetts
• Where to File in Massachusetts
• Legal Separation in Massachusetts
• Property Division – Equitable Distribution
• Alimony Spousal Support in Massachusetts
• Child Custody in Massachusetts
• Child Support in Massachusetts
• Premarital Agreements

Introduction

Massachusetts’s divorce laws are enacted by the state legislature. The state’s divorce courts have the authority and responsibility to manage divorce proceedings and rule on various divorce issues, including child and spousal support, custodial and visitation rights, and the division and distribution of marital property.

Massachusetts’s history reflects the nation’s values and changes in social norms.

Recent divorce law reforms have focused on issues like the duration of spousal support, the publication of child support guidelines, and the emphasis on parenting plans.

One of the most significant changes in Massachusetts divorce law was the introduction of no-fault divorce, which was adopted in 1975. This allowed spouses to choose their divorce process by giving them the opportunity to dissolve their marriage without proving either party’s wrongdoing.

Moreover, during this period, gender equality made significant inroads in divorce laws, leading to more equitable considerations in alimony, child custody, and property division.

The Alimony Reform Act was enacted in 2011.

This act introduced significant changes to alimony laws, including limits on the duration of alimony payments based on the length of the marriage and provisions for modifying alimony in cases of retirement or cohabitation.

Since Massachusetts divorce laws change over time, if you are considering ending your marriage, you should consult an experienced divorce and family lawyer before making important decisions about your marriage.

Let’s now turn to Massachusetts’s divorce laws, beginning with the state’s residency requirements for filing a divorce action.

Residency Requirement

Massachusetts has specific residency requirements that must be met before you can file for divorce. These requirements ensure that the state has proper jurisdictional authority over the divorce proceedings.

Residency requirements based on whether the grounds for divorce occurred inside or outside the state of Massachusetts:

Grounds for divorce occurred outside Massachusetts:

If the grounds for divorce occurred outside of Massachusetts, at least one of the spouses must have lived in Massachusetts for at least one year before filing the divorce papers.

Suppose the marital issues or reasons for divorce happened in another state. In that case, you must establish residency in Massachusetts for at least one year before filing for divorce.

Grounds for divorce occurred within Massachusetts:

There is no minimum residency requirement if the grounds for divorce occur within Massachusetts. In this case, you can file for divorce as long as one of the spouses currently lives in Massachusetts.

This means that if the events leading to the divorce (such as adultery, cruelty, or irretrievable breakdown) happened while you were living in Massachusetts, you could file for divorce immediately, provided one spouse is still a resident.

Where to file your divorce case

In Massachusetts, divorce cases are filed in Probate and Family Court. You may file in the county where you and your spouse last resided together.

If neither of you still reside in that county, you may file in the county where either of you reside.

Note: Assuming the grounds for divorce arose in Massachusetts, at least one of the spouses must have been a state resident. If not, the party who files must have been a resident for at least one year.

Legal Grounds for Divorce in Massachusetts

In Massachusetts, the legal grounds for divorce are categorized into two main types: no-fault and fault-based grounds. Each type has specific requirements and implications for the divorce process.

All states, including Massachusetts, follow some form of “no-fault” and “fault-based” grounds for divorce regarding the parties’ right to dissolve their marriage.

Legal Tip:

Past Bad Acts: Even under a no-fault divorce process where “fault” is not a relevant factor in determining the right to obtain a divorce, Massachusetts courts, like most states, have the discretionary authority to consider the parties’ past bad behavior during the marriage and factor it into the court’s decisions regarding the division of marital property, spousal support, child custody, and related issues.

No-Fault Divorce

Spouses are free to choose their preferred divorce process, which in most cases is a no-fault divorce.

Advantages of no-fault divorce:

No-fault divorces are more straightforward and less contentious grounds for divorce because they do not require proof of misconduct or fault.

The absence of blame can reduce conflict and facilitate cooperation, especially when children are involved.

The focus is often on negotiating a fair settlement regarding property division, alimony, child custody, and support.

In Massachusetts, the primary ground for no-fault divorce is the “irretrievable breakdown of the marriage.”

Two ways of filing for no-fault divorce:

1. By filing a joint petition for divorce (or in their separation agreement) in which the spouses agree that the marriage has irretrievably broken down.
2. One spouse files a complaint for divorce against the other spouse, claiming that the marriage has irretrievably broken down.

Fault-Based Divorce

In Massachusetts, fault-based divorce requires one spouse to prove that the other spouse’s misconduct caused the breakdown of the marriage.

Unlike a no-fault divorce, where the grounds are typically the irretrievable breakdown of the marriage, a fault-based divorce requires proving specific wrongful acts committed by one spouse.

The statutory grounds for fault-based divorce include:

• Adultery: The accusing spouse must provide evidence that the other spouse engaged in extramarital sexual relations.
• Cruel and Abusive Treatment: This ground can include physical abuse, emotional abuse, or other forms of inhumane treatment that make it unsafe or unbearable to continue the marriage.
• Desertion: The spouse must have deserted the other for at least one year continuously before filing for divorce.
• Gross Alcohol or Drug Abuse: The spouse must demonstrate that the other has a habitual and confirmed pattern of intoxication from alcohol or drugs.
• Refusal to Support: Willful neglect and refusal to provide suitable support and maintenance for the other spouse.
• Inability to Consummate Marriage – Impotency: This ground requires proof that one spouse is physically incapable of sexual intercourse.
• Imprisonment: The spouse must be sentenced to confinement for five years or more in a penal institution.

Legal Separation in Massachusetts

In Massachusetts, legal separation is not a formal legal status distinct from divorce. Still, laws in place allow couples to remain married while living apart. Spouses can achieve a similar outcome through a “separate support” process or by entering into a separation agreement.

Property Distribution

Massachusetts is an equitable distribution state

Equitable distribution means marital property will be divided fairly and equitably between the parties. However, this does not mean that the division will be equal.

Instead, the court will consider various factors to determine what constitutes a fair and equitable division of assets and debts.

Factors considered in equitable distribution

In determining how property will be divided, the court will consider the following factors:

• The length of the marriage
• The conduct of the parties during the marriage
• The age, health, station, and occupation of the spouses
• The sources of income, vocational skills, employability of the spouse
• The estate, liabilities, and needs of each of the parties
• The contribution of each of the parties as a homemaker to the family unit
• The contribution of each of the parties in the acquisition, preservation, or appreciation of the value of their respective estates
• The needs and best interests of minor children, including custody arrangements and the need for a stable and family-friendly home environment.

Alimony – Spousal Support

The court may order either party to pay alimony. In determining the amount of alimony to be paid, the court will consider:

• Length of the marriage
• Conduct of the parties during the marriage
• Age, health, station, occupation
• Amount and sources of income
• Vocational skills
• Employability
• Present and future needs of the dependent children
• Contribution to the value of their respective estates

Child Custody in Massachusetts

The two forms of child custody:

1. Physical custody refers to where the child lives and includes the child’s day-to-day care.
2. Legal custody refers to the right of the parent to make major decisions about the child’s life, including education, healthcare, and religious upbringing.

Child custody is based on the child’s best interests

Custody may be awarded to either parent, and there will be no presumption in favor of or against shared legal or physical custody.

The primary consideration in any custody decision is the child’s best interests. The court will evaluate various factors to determine what arrangement best serves the child’s needs.

These factors include:

• The quality of the child’s relationship with the parents.
• The ability of each parent to provide love, affection, and guidance.
• The child’s adjustment to their new home, school, and community.
• The stability of the child’s current living situation.
• Each parent’s ability to meet the child’s physical, emotional, and developmental needs.
• Each parent’s willingness to foster a positive relationship between the child and the other parent.
• The court may consider the child’s preference if the child is of sufficient age and maturity.
• Any history of abuse, neglect, or substance abuse by either parent.
• The moral fitness of each parent.
• The physical and mental health of both the child and the parents.
• Any special needs of the child and the ability of each parent to meet those needs.

Child Support in Massachusetts

The Massachusetts child support laws are designed to ensure that both parents contribute financially to the upbringing of their children, regardless of their marital status.

The state uses guidelines to determine the amount of child support, which is intended to cover the child’s basic needs, including housing, food, clothing, education, and healthcare.

Enforcement of child support

• If a parent fails to comply with the court’s child support order, various enforcement mechanisms are available and can include:
• Child support payments can be automatically deducted from paying parents’ wages through income withholding orders.
• The custodial parent can file a complaint for contempt if the other parent fails to pay. The court may impose penalties, including fines or jail time.
• State and federal tax refunds can be intercepted to cover unpaid child support.
• The non-paying parent’s driver’s license, professional license, and recreational license can be suspended.
• Liens can be placed on the non-paying parent’s property, and assets can be seized to satisfy the support obligation.

Child support orders can be modified if circumstances significantly change.

Common grounds for modification can include:

• Changes in either parent’s income.
• Changes in the needs of the child.
• Changes in custody or parenting time arrangements.
• Changes in healthcare or childcare costs.

Premarital Agreements

Premarital agreements, also known as prenuptial agreements or “prenups,” are legal contracts entered into by a couple before they get married.

These agreements outline how assets and debts will be divided in the event of a divorce or death, and they can also address other financial and personal matters.

In Massachusetts, premarital agreements are governed by both statutory and case law.

Challenging a premarital agreement

A party seeking to challenge the enforceability of a premarital agreement can do so on several grounds, including:

• The agreement was signed under coercion or duress.
• The agreement was signed without adequate financial disclosure.
• The agreement is unconscionable or grossly unfair.

 Massachusetts Attorney Ellen Wright discusses infidelity and its legal consequences:

Spouses Legal Name

In Massachusetts, individuals going through a divorce can change their name as part of the proceedings.

This process is relatively straightforward and can be included in the divorce decree.

It is common for individuals to request the restoration of their former or maiden name. However, individuals can choose any name they wish, provided it is not for fraudulent purposes or to avoid legal obligations.

If the name was not changed during the divorce, you can have it changed after the divorce.

Wellness Tip:

Divorce and Meditation: Divorce is a life-changing process. Divorce can trigger a whirlwind of thoughts, stress, and anxiety. Mindfulness meditation offers an anchor. You create space between yourself and the emotional storm by focusing on your breath and observing thoughts without judgment. It also provides a quiet time that lets you heal from the divorce. Taking just five minutes daily can reduce stress and improve clarity, helping you navigate this challenging transition with greater presence and peace.

Sources and References:

Cornell Information Law Institute 

Massachusetts Official Website

Massachusetts Child Support Enforcement Division

Massachusetts Legal Help

The Wright Family Group

Massachusetts Courts Self-Help

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