Massachusetts Divorce Law


Massachusetts Residency Requirements

If the grounds for divorce occurred in Massachusetts one spouse must be a current resident. If the grounds occurred outside of the state, the spouse filing for divorce must have been a resident for at least 1 year. In general the divorce should be filed for in the county in which the spouses last lived together. If neither spouse is currently living in that county then the divorce can be filed in a county where either spouse currently resides.

Grounds for Divorce:

No-Fault: Can be had for Irretrievable breakdown of the marriage.

The other general grounds for a divorce in Massachusetts include: (1) impotence; (2) imprisonment for over 5 years; (3) adultery; (4) alcoholism and/or drug addiction; (5) desertion for 1 year before the filing for divorce; (6) cruel and inhuman treatment; and (7) nonsupport in which a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse.

Child Custody

In Massachusetts there are two forms of child custody: legal custody and physical custody. Physical custody of the child means that the child lives with that parent. Very often one parent will have sole physical custody of the child and the other parent will have visitation rights.

Legal custody dictates what rights and obligations each parent has regarding the medical, educational and other needs of the child. Very often, the parents will have joint legal custody of the child and share the obligations.

When there is a disagreement about custody, the Court may appoint a guardian ad litem who is empowered to investigate and recommend an appropriate parenting schedule and custody arrangement.

Child Support

In Massachusetts, a parent's child support obligations generally follow standard "Child Support Guidelines." However, when one party earns more than $75,000 or both parties together earn more than $100,000, the guidelines do not apply.

Submit your Family Law, Divorce Child Custody Inquiry case to below.

Find a Divorce Attorney here >>

Find a Massachusetts Attorney in these Areas of Law:
Massachusetts Car Accident Cases>>
Slip and Fall Accidents>>
Medical Malpractice>>

Harmful Drugs and Products>>
Workplace Injuries>>
Massachusetts Criminal Defense Law>>
Divorce and Family Law >>

Driving Law>>
Estate Planning>>
Employment Matters>>

Return to the Home Page >>

Submit your case to Massachusetts-Attorney-