Divorce in Massachusetts
State-specific overview · Family Law
Massachusetts requires a 120-day waiting period after filing before a judge can grant a divorce.
How Massachusetts treats Divorce
Either spouse can file for divorce on grounds of irretrievable breakdown of the marriage or traditional fault grounds. After filing, Massachusetts law imposes a mandatory 120-day waiting period before the court can enter a final judgment, though this period may be waived by mutual agreement in limited circumstances. The court will address property division, alimony, and child custody during this process. Massachusetts courts divide marital property equitably, not necessarily equally.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Massachusetts.