Divorce Law Basics in the State of Massachusetts

Also See: Massachusetts Marriage Laws

Statute: Massachusetts State Divorce Code (Part II, Title III, Chapter 208): mass.gov

No-Fault Grounds: Irretreivable breakdown

At-Fault Grounds:

• Adultery
• Impotence
• Desertion for at least one year prior to filing
• Gross habits of intoxication by liquor or drugs
• Cruel and abusive treatment
• Failure to provide support

Residency: Either party must be a resident at the time of filing; if the grounds for divorceoccurred outside the state of Massachusetts, then the residency requirement is increased to one year.

Legal Separation Recognized? Yes. Alimony and child support can be awarded without having a divorce pending.

Property Distribution:Massachusetts relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and is at the discretion of the judge. Fault may be considered.