Frequently Asked Questions

If you and your spouse reside in Massachusetts, you may get divorced in Massachusetts. Even if you and your spouse have not resided in Massachusetts as a married couple, you may still obtain a divorce in Massachusetts if you have resided here for at least one year or the reason your marriage ended occurred in Massachusetts while you both lived here as a married couple

In Massachusetts, a no-fault divorce is one in which it is alleged that there has been an irretrievable breakdown of the marriage. An irretrievable breakdown is predicated on the incompatibility of the spouses and their inability to work together to develop a mutually satisfactory marital relationship.  Most contested divorces proceed on the grounds of an irretrievable breakdown of the marriage.

Massachusetts recognizes fault divorces, where one party blames the other for the breakdown of their marriage based on certain fault grounds. The most common fault grounds include adultery, cruel and abusive treatment, gross and confirmed habits of intoxication caused by drugs or alcohol, and utter desertion for at least one year. Few complaints for divorce allege fault grounds as a basis for divorce.

You have within twenty days of being served with a complaint to (1) file with the Court and serve a copy on your spouse or his or her attorney an answer in which you respond to each allegation made in the complaint. In addition to an answer, you may file a counterclaim for divorce if you also want to seek a divorce.

In many, but not all, contested divorce cases, motions for temporary orders are filed immediately after a complaint for divorce is served. Temporary Orders, entered by agreement of the parties or after hearing, are designed to maintain the status quo while the divorce action is pending. Temporary Orders address issues, including, if appropriate, temporary custody, child support, alimony, maintenance of health insurance, and payment of the carrying costs related to marital residence.

While the divorce is pending, the parties typically engage in discovery which is the exchange of information and documentation concerning their income, assets, liabilities and other issues relevant to their divorce. Discovery can be conducted informally with cooperation from the parties or formally through interrogatories, requests for production of documents, subpoenas, and depositions.

Contested divorces whether filed on the basis of fault or irretrievable breakdown of the marriage should proceed to trial, if necessary, within fourteen months pursuant to the Probate & Family Court’s time standards.  In reality, however, given the number of cases pending in the Probate & Family Courts and the unique considerations of each case, your divorce, if it proceeds to trial, may take longer than fourteen months.

If you and your spouse agree on all issues surrounding the marriage, you may proceed with an uncontested divorce by filing a Joint Petition for Divorce. The Joint Petition is presented to the Court with a written agreement addressing the relevant issues (i.e. division of property, custody of the children, child support, alimony). There is no waiting period before the parties may submit their Joint Petition for Divorce to the Court.

All assets, no matter when or how acquired and no matter who holds title, are subject to division. If the parties are unable to reach an agreement of the division of the marital estate, the Court, after trial, will equitably divide the marital estate. Pursuant to M.G.L. Ch. 208, Sec. 34, the Court must consider the following factors: • Length of marriage • Conduct of parties during the marriage • Age • Health • Station • Occupation • Amount and sources of income • Vocational skills • Employability • Estate • Liabilities and needs • Opportunity for future acquisition of capital assets and income.

Unlike many states, Massachusetts does not recognize legal separation. If you decide to live apart from your spouse, you are free to do so without court intervention.  If you are in need of support from your spouse during your separation, you may file a Complaint for Separate Support in the Probate & Family Court requesting that your spouse provide you financial support while you live apart for justifiable cause.