Frequently Asked Questions
The Divorce Process – Answering the most common questions
General & Procedural Questions
What are the grounds for divorce in Massachusetts?
Massachusetts is primarily a “no-fault” divorce state. The most common ground is an “irretrievable breakdown of the marriage”. You also have the option to file on “fault” grounds (e.g., adultery, cruel and abusive treatment, desertion), though this is less common and can be more complicated to prove.
Do I need to be separated for a certain amount of time before filing for divorce?
No, Massachusetts does not have a legal separation requirement or waiting period before you can file for divorce. However, there are statutory waiting periods after certain court actions before the divorce becomes final.
What are the residency requirements to file for divorce in Massachusetts?
You can file for divorce in Massachusetts if:
- You and your spouse lived together in the state as a couple and the reason for the divorce happened here.
- One of the parties has been a resident of Massachusetts for at least one continuous year prior to filing.
How long does the divorce process take?
The timeline varies. An uncontested divorce (where both parties agree on all terms, known as a 1A divorce) is the fastest, typically becoming final about 120 days after a judge approves the separation agreement. A contested divorce (1B or fault-based), where issues are litigated in court, will take longer, often several months or even years.
What is the difference between a 1A and 1B divorce?
A 1A divorce is an uncontested, no-fault divorce where both spouses agree on all issues (child support, custody, alimony, property division) and jointly file a petition with a signed separation agreement. A 1B divorce is a contested no-fault divorce where only one spouse files, and the couple has not agreed on all terms, requiring court intervention to resolve the disputes.
Will I have to appear in court?
Yes, even uncontested divorces typically require a brief court hearing where a judge reviews the agreement and evidence.
Financial & Property Questions
Is property divided 50/50 in Massachusetts?
No. Massachusetts uses a principle of equitable distribution, not community property. This means marital property, assets, and liabilities are divided fairly, but not necessarily equally, based on various factors considered by the judge.
How is alimony (spousal support) determined?
There is no set formula. A judge considers factors such as the length of the marriage, each spouse’s age and health, income, employment potential, and the marital standard of living when deciding whether to award alimony, and if so, how much and for how long. There are different types of alimony (e.g., general term, rehabilitative, reimbursement, transitional).
What happens to debts in a divorce?
Debts, like assets, are part of the marital estate and are subject to equitable division by the court, regardless of whose name the debt is in.
Are assets owned before the marriage untouchable?
Generally, premarital assets (e.g., inheritances, gifts, property owned before the marriage) are considered separate property, but the court still has the authority to assign separate property to the other spouse to ensure an equitable division of the overall marital estate.
Can I get temporary financial support while the divorce is pending?
Yes, you can request a temporary order from the court for issues that need immediate resolution, such as temporary child support, alimony, or a temporary parenting plan, while the case is ongoing.
Children & Custody Questions
How is child custody decided in Massachusetts?
All child custody decisions are based on the “best interests of the child” standard. The court determines both legal custody (who makes major decisions about the child’s life) and physical custody (where the child lives the majority of the time and the parenting schedule).
Will child support be awarded?
Yes, child support is typically awarded based on the Massachusetts Child Support Guidelines, which use a specific formula to calculate the appropriate amount based on both parents’ incomes and expenses.
Can parents verbally agree to a different parenting schedule than the court order?
While cooperation is encouraged, verbal agreements are not legally binding. Any changes to a court-ordered parenting plan must be formally approved by the court through a modification to be enforceable.
