Navigating Your Divorce in Massachusetts: Essential Info

Talking about divorce can be hard, but knowing the right information helps. This page is here to explain divorce in Massachusetts. We aim to make things a bit easier to understand. Plus, there’s more detailed information and helpful links on this page for you.

Divorce Laws in Massachusetts

In Massachusetts, you can file for a no-fault divorce or a fault-based one. No-fault means that no one is blamed for the marriage ending.

Fault reasons include things like abuse or adultery. To file here, one spouse must have lived in Massachusetts for at least a year.

Process of Filing for Divorce

Starting a divorce in Massachusetts? First, decide if it’s no-fault or fault-based. You file in the county where you or your spouse lives. There are specific forms you need to complete, which you can find at the courthouse or online.

After filling them out, you need to legally “serve” these forms to your spouse. Serving papers in Massachusetts follows certain rules, so it’s important to understand these.

Get the full details of how the process works in How to File for Divorce in Massachusetts

Child Custody and Support

In Massachusetts, the focus is on what’s best for the child in custody decisions. Custody can be joint or with just one parent. Child support is calculated using both parents’ incomes and other factors. Massachusetts might have different guidelines for custody and support compared to other states.

Alimony/Spousal Support

Alimony in Massachusetts depends on several factors. The court looks at things like the length of the marriage, each person’s income, and if someone needs financial support. Every situation is unique, so alimony varies.

Property Division

Massachusetts uses “equitable distribution” to divide property during a divorce. This means the court divides things based on what’s fair, considering various aspects of your marriage and financial situation. It’s not always a 50-50 split.

Massachusetts Divorce Resources

Interested in more about divorce in Massachusetts? Check out the links we’ve provided. They take you to official court sites, government resources, and places for legal help.

Article: How Much Does Divorce Cost in Massachusetts

Massachusetts Divorce Forms:

Uncontested Divorce:

• Joint Petition for Divorce under G.L. c.208, Section 1A (CJD-101A): https://www.mass.gov/info-details/probate-and-family-court-joint-petition-for-divorce-pursuant-to-gl-c208-ss-1a-cjd-101a
• Affidavit of Irretrievable Breakdown (CJD-101B):  https://www.mass.gov/doc/affidavit-of-irretrievable-breakdown-0/download
• Record of Absolute Divorce (R-408): https://www.mass.gov/how-to/get-a-copy-of-your-divorce-record
• Financial statement: https://www.mass.gov/filing-financial-statements-in-the-courts

Contested Divorce:

• Complaint for Divorce (CJD-101): https://www.mass.gov/info-details/instructions-complaint-for-divorce-section-1b-irretrievable-breakdown-court-form
• Answer to Complaint for Divorce (CJD-102): https://www.mass.gov/info-details/probate-and-family-court-answer-to-complaint-for-divorce-cjd-201
• Motion for Relief (CJD-103): https://www.mass.gov/doc/motion-to-vacate-judgement-form/download

Additional Forms:

• Affidavit of Care and Custody (OCAJ-1): https://www.mass.gov/doc/affidavit-disclosing-care-or-custody-proceeding-ocaj-1-trc-iv/download
• Child support guidelines worksheet (CJD-304):  https://www.mass.gov/info-details/child-support-guidelines
• Military Affidavit: https://www.mass.gov/doc/military-affidavit/download

Here are some links to the official forms on state owned websites:

• Probate and Family Court forms: https://www.mass.gov/guides/probate-and-family-court-forms
• Get a no-fault 1A divorce: https://www.mass.gov/info-details/learn-about-the-types-of-divorce
• Get a no-fault 1B divorce: https://www.mass.gov/guides/get-a-no-fault-1b-divorce

Additional Resources:

• Probate and Family Court website: https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts Bar Association website: https://www.masslegalhelp.org/children-and-families
• Massachusetts Legal Aid: https://www.masslegalhelp.org/about/legal-aid

Disclaimer

This info is for guidance, not legal advice. For specific advice, it’s always best to talk to a lawyer.