Residency Requirements

If the grounds for divorce occurred outside of the state there is a one year residency requirement for the filing spouse in the State of Massachusetts. Otherwise there are no minimum residency requirements for this state when filing for divorce.

Grounds

The no-fault ground for divorce in Massachusetts is the irretrievable breakdown of the marriage

Some no fault grounds for divorce in the State of Massachusetts include, but are not limited to adultery, impotence, imprisonment for over five years, and willful desertion for one year.

Child Custody

The court in the State of Massachusetts holds the rights of the parents equal to the happiness and well being of the child, when making an order or judgment relative to the custody of the children. This is provided that there is no misconduct on the parent’s part preventing equal consideration. The court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral or emotional health, when considering the happiness and welfare of the child.

Child Support

Massachusetts’ child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support figures. Child support continues until the child’s eighteenth birthday and may extend through the child’s secondary education.

Venue

The Probate and Family Court in the county where either spouse is living at the time of the petition hears almost all divorce cases in the State of Massachusetts.

Mediation

In a pending divorce, either party may file a motion requesting mediation of disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings, to ensure that the case proceeds on an uncontested basis.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.