Massachusetts Divorce Laws

Couples living in Massachusetts who find that divorce is the inevitable end for their marriage need to understand the laws that surround the process. This will make the process go much more smoothly.

Who Can File for Divorce and On What Grounds

In order to file for divorce in Massachusetts, one of the individuals must be a resident of the state. If the reason for filing for divorce occurred outside of the state, then the residency requirement is one year.

Couples can file for a no-fault divorce if they claim an inevitable breakdown of the marriage. Fault divorce can occur because of one of the following issues:

  • Adultery
  • Impotence
  • Desertion for one year
  • Habits of intoxication due to excessive use of liquor or drugs
  • Cruel or abusive treatment
  • An unwillingness to provide suitable support to the other spouse

Individuals who are in the military may be qualified to file for divorce if they are stationed in Massachusetts. However, there is a full set of regulations surrounding military divorces that they must follow. Because of this, it is often helpful if they work with an attorney who is familiar with these types of laws.

Division of Property

Massachusetts is an equitable distribution state. This means that the marital property will be distributed based on what the courts feel is fair, but not necessarily what is equal. There are several factors the courts will consider in making this decision, including:

  • The marriage’s length
  • The parties’ conduct during the marriage
  • Age
  • Heath
  • Station
  • Occupation
  • Amount and sources of income
  • Employability
  • Vocational skills
  • Estate
  • Liabilities and needs of the parties
  • Opportunity for future acquisition of capital assets and income

Child Custody

In Massachusetts, the child’s best interest is the primary determining factor when choosing child custody in cases where the parents cannot agree outside of court to the arrangements. The courts can consider any factors it wishes when making this determination, and often consider abuse of alcohol or drugs and the ability of the parents to work together in matters concerning the child.

Whether possible, the courts will consider a shared legal custody arrangement, but can award sole legal and physical custody to either parent as it deems necessary. All custody plans will include information about the child’s education, health care, procedures for resolving disputes between the parents, and time frames in which each parent will have the child living or visiting with them. At all times, the child’s safety is considered, as is the safety of any parent who is the victim of domestic violence.

Support

In some cases the courts will grant support from on spouse to the other. This is determined on a case-by-case basis at the court’s discretion or based on agreements between the parties. There are many factors considered in these cases, including:

  • Length of the marriage
  • Health
  • Station
  • Occupation
  • Age
  • Conduct of the parties during the marriage
  • Vocational skills
  • Employability
  • Estate
  • Liabilities and needs of the parties
  • Opportunities to acquire future income or assets

Child support is determined based on the Percentage of Income formula. This calculates support based on a percentage of the income of the parent who does not have custody of the children.  Support continues until age 18, but can continue until age 21 if the child is still living at home and dependent on the parent for support. It can continue to age 23 if the child is enrolled in school and living at home or on campus.