Start with Mass. Gen. Laws ch. 208, §§ 1 to 34A. In Massachusetts, At least one party must have resided in Massachusetts for 1 year before filing (with limited exceptions when the cause of action occurred in-state). Grounds: No-fault irretrievable breakdown (1A/1B) is available alongside traditional fault grounds (adultery, cruel and abusive treatment, desertion, and others). Property: equitable distribution. Massachusetts is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. That is the question this guide answers for how to file for divorce. Waiting period: No-fault 1A divorces typically require a 90-day nisi waiting period after judgment before the divorce becomes absolute; fault divorces use a similar nisi period in many cases. File in Probate and Family Court in the county where either party resides.
Residency and where to file
At least one party must have resided in Massachusetts for 1 year before filing (with limited exceptions when the cause of action occurred in-state). File in the Probate and Family Court in the county where either party resides. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Massachusetts
No-fault irretrievable breakdown (1A/1B) is available alongside traditional fault grounds (adultery, cruel and abusive treatment, desertion, and others).
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Massachusetts.
How the Massachusetts rule applies
Apply the Massachusetts authorities in order. The facts are simplified so the statute and the standard are visible.
A spouse wants to file for divorce in Massachusetts and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Massachusetts for 1 year before filing (with limited exceptions when the cause of action occurred in-state).
- Plead grounds Massachusetts recognizes: No-fault irretrievable breakdown (1A/1B) is available alongside traditional fault grounds (adultery, cruel and abusive treatment, desertion, and others).
- Expect property division under equitable distribution: Massachusetts is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No-fault 1A divorces typically require a 90-day nisi waiting period after judgment before the divorce becomes absolute; fault divorces use a similar nisi period in many cases. A complaint for divorce is filed in Probate and Family Court with a financial statement. Temporary orders can address support and custody. Contested property is divided equitably under ch. 208 § 34. After judgment nisi, the divorce becomes absolute after the statutory waiting period.
Massachusetts court self-help and Legal Advocacy & Resource Center assist with uncontested filings.
Property division: equitable distribution
Massachusetts is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No-fault 1A divorces typically require a 90-day nisi waiting period after judgment before the divorce becomes absolute; fault divorces use a similar nisi period in many cases.
The typical Massachusetts divorce process
A complaint for divorce is filed in Probate and Family Court with a financial statement. Temporary orders can address support and custody. Contested property is divided equitably under ch. 208 § 34. After judgment nisi, the divorce becomes absolute after the statutory waiting period.
Self-help and when to hire counsel
Massachusetts court self-help and Legal Advocacy & Resource Center assist with uncontested filings.
Related Massachusetts guides
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Case law: divorce in Massachusetts
Ann Davidson vs. Henry L. Davidson
Ann Davidson vs. Henry L. Davidson, 19 Mass. App. Ct. 364 (1985)
Warner, J. Ann and Henry Davidson were divorced by a judgment which was entered as absolute on the docket of the Barnstable County Probate Court on September 7, 1976. By the terms of that judgment, Henry was ordered to pay $40 per week for the support of the parties’ two minor children, custody of whom was given to Ann, and $10 per week as alimony for a per…
On divorce, Ann Davidson vs. Henry L. Davidson speaks to the Massachusetts dispute in this passage: "Warner, J. Ann and Henry Davidson were divorced by a judgment which was entered as absolute on the docket of the Barnstable County Probate Court on September 7, 1976." The surrounding opinion shows how the court applied that language to the record.
Yvonne DuMont vs. Dale M. Godbey, Executrix
Yvonne DuMont vs. Dale M. Godbey, Executrix, 382 Mass. 234 (1981)
Braucher, J. The plaintiff, after divorce, sued her former husband for a division of property pursuant to G. L. c. 208, § 34. The defendant died during an adjournment in the trial, his executrix was substituted as defendant, and the action was dismissed on the ground that it had abated on the defendant’s death. The plaintiff appealed, and we granted he…
Massachusetts opinions such as Yvonne DuMont vs. Dale M. Godbey, Executrix are cited where divorce is disputed. The court stated: "Braucher, J. The plaintiff, after divorce, sued her former husband for a division of property pursuant to G. L. c. 208, § 34." That is the language to brief; the rest of the decision supplies the procedural posture.
Joseph Garnett v. Mary E. Garnett
Joseph Garnett v. Mary E. Garnett, 114 Mass. 379 (1874)
Gray, C. J. By the law of this Commonwealth, a libel for divorce may be filed and prosecuted in behalf of an insane person, either by the guardian of the party, or by a next friend appointed by the court for the purpose. Rev. Sts. c. 76, § 12, and Commissioners’ note. Gen. Sts. c. 107, § 16. Denny v. Denny, 8 Allen, 311. And if, at any time during the pendency of the suit, t…
Joseph Garnett v. Mary E. Garnett is worth reading on Massachusetts divorce because the court put the point in its own words: "Gray, C. J. By the law of this Commonwealth, a libel for divorce may be filed and prosecuted in behalf of an insane person, either by the guardian of the party, or by a next friend appointed by the court for the purpose. Rev. Sts. c. 76, § 12, and Commissioners’ note. Gen. Sts. c." Use that passage as the starting point, then read the facts that precede it.
Donald D. Bacon vs. Cynthia H. Bacon
Donald D. Bacon vs. Cynthia H. Bacon, 26 Mass. App. Ct. 117 (1988)
…Mass. App. Ct. 1000 (1987), we vacated the judgment in this divorce case insofar as it concerned financial matters and remanded the case to the probate judge so that he could articulate the rationale for his division of property under G. L. c. 208, § 34.1 See Bowring v. Reid, 399 Mass. 265, 268 (1987). The property under consideration for division consists principally of assets…
On divorce, Donald D. Bacon vs. Cynthia H. Bacon speaks to the Massachusetts dispute in this passage: "Mass. App. Ct. 1000 (1987), we vacated the judgment in this divorce case insofar as it concerned financial matters and remanded the case to the probate judge so that he could articulate the rationale for his division of property under G. L. c. 208, § 34.1 See Bowring v." The surrounding opinion shows how the court applied that language to the record.
Laura F. Braun v. George H. Braun
Laura F. Braun v. George H. Braun, 68 Mass. App. Ct. 846 (2007)
…ben, J. Before us are appeals by the wife from judgments of divorce on complaints filed by both parties and by the husband from a judgment of modification entered by a second judge. We ordered the appeals consolidated. In addition to numerous questions raised by the wife and the husband, each as to different provisions in the judgments, the husband raises the issue whether the…
On divorce, Laura F. Braun v. George H. Braun speaks to the Massachusetts dispute in this passage: "J. Before us are appeals by the wife from judgments of divorce on complaints filed by both parties and by the husband from a judgment of modification entered by a second judge. We ordered the appeals consolidated." The surrounding opinion shows how the court applied that language to the record.
Charles J. Yanolis vs. David A. Yanolis, Administrator
Charles J. Yanolis vs. David A. Yanolis, Administrator, 402 Mass. 470 (1988)
…olis died before Charles Yanolis’s appeal from judgments of divorce nisi was heard but after the date on which the judgments were to become absolute, unless the running of the nisi period was stayed by Charles’s appeal. Charles’s appeal raised no objection to the dissolution of the *471 marriage, but challenged the alimony, child support, and property division portions of the j…
Massachusetts opinions such as Charles J. Yanolis vs. David A. Yanolis, Administrator are cited where divorce is disputed. The court stated: "Charles Yanolis’s appeal from judgments of divorce nisi was heard but after the date on which the judgments were to become absolute, unless the running of the nisi period was stayed by Charles’s appeal." That is the language to brief; the rest of the decision supplies the procedural posture.
Kenneth S. Ansin v. Cheryl A. Craven-Ansin
Kenneth S. Ansin v. Cheryl A. Craven-Ansin, 457 Mass. 283 (2010)
Marshall, C.J. We granted direct appellate review in this divorce proceeding to determine whether so-called “postnup-tial” or “marital” agreements are contrary to public policy and, *284if not, whether the marital agreement at issue is enforceable.1 The dispute is between Kenneth S. Ansin (husband) and Cheryl A. Craven-Ansin (wife) concerning the validity of their 2004 writte…
Massachusetts opinions such as Kenneth S. Ansin v. Cheryl A. Craven-Ansin are cited where divorce is disputed. The court stated: "Marshall, C.J. We granted direct appellate review in this divorce proceeding to determine whether so-called “postnup-tial” or “marital” agreements are contrary to public policy and, *284if not, whether the marital agreement at issue is enforceable." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Residency: At least one party must have resided in Massachusetts for 1 year before filing (with limited exceptions when the cause of action occurred in-state).
- Grounds: No-fault irretrievable breakdown (1A/1B) is available alongside traditional fault grounds (adultery, cruel and abusive treatment, desertion, and others).
- Property: equitable distribution — Massachusetts is an equitable-distribution state.
- Waiting period: No-fault 1A divorces typically require a 90-day nisi waiting period after judgment before the divorce becomes absolute; fault divorces use a similar nisi period in many cases.
- Filing forum: Probate and Family Court in the county where either party resides.
- Primary authority: Mass. Gen. Laws ch. 208, §§ 1 to 34A.
Frequently asked questions
How long do I have to live in Massachusetts before filing for divorce?
At least one party must have resided in Massachusetts for 1 year before filing (with limited exceptions when the cause of action occurred in-state).
Is Massachusetts a community-property state?
Massachusetts follows equitable distribution. Massachusetts is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Massachusetts?
Massachusetts court self-help and Legal Advocacy & Resource Center assist with uncontested filings.
What happens to child custody in a Massachusetts divorce?
Custody and parenting time are decided under Massachusetts’s best-interests framework. See child custody and parenting time in Massachusetts.
This guide covers Massachusetts law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.