Massachusetts Family Laws

At least one spouse must be a resident of Massachusetts, or the cause of divorce must have occurred in Massachusetts while one party lived there.

Joint no-fault divorce (1A) filing fee is $215. Contested divorce (1B) filing fee is $290. Fee waiver (affidavit of indigency) available for those who qualify.

In cases involving minor children, both parents are typically required to attend a parent education program approved by the court.

Four types of alimony: general term (capped by marriage length — e.g., marriages of 5 years or less, alimony lasts no more than 50% of the marriage length; 10-15 years up to 70%; 15-20 years up to 80%; 20+ years may be indefinite), rehabilitative, reimbursement, and transitional. General term alimony terminates when the payor reaches full retirement age. Cohabitation by the recipient for 3+ months is grounds for modification or termination.

Courts divide marital property equitably (not necessarily equally) considering factors including length of marriage, conduct during marriage, age, health, station, occupation, employability, estate, liabilities, needs, and contributions (including homemaking).

Custody decisions are based on the best interests of the child. Massachusetts recognizes both legal custody (decision-making) and physical custody (where the child lives). Shared legal custody is common; the court considers the child's happiness and welfare, and any history of abuse.

Massachusetts uses an income shares model. The guidelines consider both parents' gross incomes, number of children, health insurance, childcare costs, and parenting time. The guidelines are updated quadrennially; the most recent revision took effect in 2021.

After a divorce judgment is entered, there is a mandatory 90-day waiting period (Nisi period) before the divorce becomes absolute. Neither party may remarry during this period.