Massachusetts Divorce Records

Massachusetts has one of the lowest divorce rates in the United States, at 1.4 per 1,000 residents. While this represents a slight increase over previous years, it is still much lower than the national rate of 2.4 per 1,000.

Massachusetts divorce records are created and maintained by the state's Probate and Family Courts. There are three main types of divorce records in Massachusetts:

• Judgment of Divorce Nisi: this is typically issued by the court when a divorce is initially granted and is a temporary judgment indicating a waiting period before the divorce becomes final.
• Certificate of Divorce Absolute: this document confirms the finalization of a divorce.
• Divorce Separation Agreement: this outlines the terms agreed upon by both parties involved in the divorce and is typically filed as part of the divorce proceedings.

Massachusetts divorce records are generally open to the public; however, access to certain sensitive information contained in these records may be restricted to specific parties.

What Are the Residency Requirements for Divorce in Massachusetts?

Massachusetts General Laws (MGL) Chapter 208 (specifically Sections 4 & 5) outlines the residency requirements for divorces in Massachusetts. Per this law, you may file for divorce if you have lived in the state for at least one year and the cause of the divorce occurred outside Massachusetts. However, if the grounds for divorce occurred in Massachusetts, this requirement is waived provided that both parties have previously lived as a couple in the state and one of them is a resident at the time of filing.

What Are the Grounds for Divorce in Massachusetts?

Divorces in Massachusetts are filed as either a "fault" or "no-fault" divorce:

• Fault Divorce: this type of divorce is filed when one of the involved spouses is considered at fault for causing the marriage to end. Fault divorces may be contested (meaning that one party disagrees with the divorce) or uncontested (both parties agree with everything filed). MGL Chapter 208, Section 1 outlines several grounds for filing a fault divorce, including:

  • Adultery
  • Cruel and abusive treatment
  • Desertion of up to one year
  • Gross and confirmed habits of intoxication
  • Non-support

  The spouse filing for the divorce typically has to prove the specific ground for doing so.

• No-Fault Divorce: here, the couple agrees that their marriage is broken beyond repair without assigning blame to either party. No-fault divorces in Massachusetts are also known as "Irretrievable Breakdown of Marriage" and are generally considered less time-consuming and expensive than fault divorces. Unlike fault divorces, the filing spouse does not need to prove a specific ground for the divorce. There are two options for filing no-fault divorces in the state:
  • No-Fault 1A Divorce: This is an uncontested divorce. Both parties must have a written agreement covering child support, parenting time, child custody, alimony, and dividing marital assets.
  • No-Fault 1B Divorce: Here, only one party believes that the marriage should end, or both parties agree that the marriage is irretrievably broken but do not agree on how to handle the critical issues outlined above. 1B divorces are also known as contested no-fault divorces.

How Much Does It Cost to File for Divorce in Massachusetts?

Filing for a divorce in Massachusetts typically costs around $200, excluding additional costs usually involved in the divorce process. These additional costs may include:

• Attorney fees
• Mediation or counseling fees
• Parenting/Co-parenting classes
• Joint debts
• Property division
• Alimony payments
• Child support calculations
• Expert witness fees

Generally, the average cost of getting divorced in Massachusetts is about $12,200 per person. This is higher than the national average of around $9,970, but lower than neighboring New York and Connecticut, where the average is about $13,385 and $12,360, respectively.

How Long Is the Waiting Period for Divorce in Massachusetts?

Massachusetts imposes a 90-day waiting period after a divorce is granted before it officially becomes final; the timeframe is extended to 120 days for no-fault 1A divorces. This waiting period is referred to as the "divorce nisi". During this time, the couple is allowed to change their mind about the divorce; however, they may not remarry until the nisi period is completed.

It should be noted that the nisi period is distinct from a separation period, which generally involves the couple living apart but remaining married. Massachusetts does not mandate separation for couples looking to get divorced.

How To File for Divorce in Massachusetts

Filing for a divorce in Massachusetts generally begins with determining your eligibility to file in the state and the type of divorce you wish to file for. Once this is done, you may take the following steps:

For No-fault 1A Divorces:

• Prepare a separation agreement.
• Complete the required paperwork.
• File the paperwork with the Probate and Family Court in the county where you and your spouse previously lived (if at least one of you still resides there) or where either of you currently reside.
• Attend a hearing. Both parties must be present unless a waiver is granted. During the hearing, the judge will determine whether the marriage is irretrievably broken and review the separation agreement to ensure it is fair and covers all necessary issues.
• Complete the 120-day nisi period.

For No-fault 1B and Fault Divorces:

• Complete and file the required paperwork with the appropriate court.
• Receive a summons from the court (typically via mail).
• Serve the divorce complaint and summons on your spouse (this typically has to be done within 90 days of filing for the divorce). You may also change your filing from a no-fault 1B to a fault divorce before your spouse files an answer.
• Attend a mandatory co-parenting education program (this is only required for couples with minor children unless a judge grants a waiver).
• Exchange financial statements and prepare a separation agreement.
• Attend a pre-trial hearing (this step may be skipped if you and your spouse have a signed and notarized separation agreement covering all necessary issues).
• Attend a hearing. This hearing is usually scheduled at least six months after the filing date.
• Complete the 90-day nisi period.

The Massachusetts Court System offers an online tool that you may use to get additional information on the state's divorce process.

Are Divorce Records Public in Massachusetts?

Per Massachusetts' Public Records Laws, divorce records are generally considered open, meaning that they may be readily accessed by any interested party. However, access to records containing sensitive information, such as details on minors and information involving child molestation or domestic abuse, may be restricted.

Sealed divorce records are also considered confidential. Access to these types of divorce records is usually limited to authorized parties, like the couple named on the record and individuals with a valid court order granting them access to said record.

How To Get Certified Copies of a Divorce Decree in Massachusetts

In Massachusetts, divorce records are also called divorce decrees and refer to all official documents that confirm and/or detail the finalization of divorces in the state.

You may obtain certified copies of a Massachusetts divorce decree (Certificate of Divorce Absolute, Judgment of Divorce Nisi, or Divorce Separation Agreement) by submitting a Request for Copies Form (PFC 18) to the Probate and Family Court where the divorce was filed. You will typically need to provide a case docket number when completing the form. You may get this number by contacting the court that handled the case, utilizing the county's Virtual Registry, or running a search online via the Massachusetts Trial Court Case Access portal.

Massachusetts divorce records typically cost $20 per copy. Processing times vary by court; you may contact the specific court for details.

Divorce Settlement: Is Massachusetts a 50/50 State?

Massachusetts generally follows an equitable property distribution approach in divorces, where assets are divided fairly but not necessarily equally. This approach is distinct from the community property approach, where every asset acquired by the couple during their marriage is split 50/50 between them.

In equitable property distribution, certain factors are considered when the property is being divided, such as:

• The length of the marriage
• Each spouse's income and earning potential
• Each spouse's contribution to the marital estate
• Each spouse's age and health

FAQs about the Divorce Process in Massachusetts

Here are answers to frequently asked questions about the divorce process in Massachusetts.

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