Massachusetts

Divorce Residency Requirements To Get Divorce In Massachusetts

If the grounds for divorce occurred within the State of Massachusetts, there are no minimum residency requirements. However, if the grounds happened outside of the state, there is a one-year residency requirement before you can file for divorce in the state.

Reasons For Divorce In Massachusetts

The no-fault ground for a divorce in Massachusetts is “irretrievable breakdown of the marriage.” The state also allows at-fault grounds including, but not limited to, adultery, impotence, imprisonment of at least five years and willful desertion of one year. Filing under an at-fault ground is usually a more complicated process, so for those looking for an easy, fast and inexpensive divorce, filing without fault is often a superior option.

Custody Of The Children In Massachusetts

The state court of Massachusetts holds the rights of the parents at an equal level to the happiness and wellbeing of the children. As such, all will be considered equally when determining custody arrangements. If there is no parental misconduct, the court will look at whether the child’s current or past living conditions would impact his physical, mental, emotional or moral health and welfare and work to make a custody decision that will lead to the best outcome for the child.

Massachusetts Child Support Guidelines

The state-mandated child support guidelines of Massachusetts apply in virtually every online divorce and standard divorce case in the state, barring extraordinary circumstances. Both parents’ gross incomes and child-related expenses are considered. Child support will continue until the child reaches age 18, and may extend until the child completes secondary education.

Venue For Filing

The Family and Probate Court in the county where either of the spouses lives, at the time they file for divorce, can be used to hear the divorce case in the State of Massachusetts. If there are children involved in the case, filing in the county where they live may make it easier for the divorce forms to go through smoothly.

Divorce Mediation

When divorce is pending, either the filing spouse or the defending spouse may request arbitration of any issues under dispute. Parties can choose to submit any or all of the problems for mediation before initiation of the divorce, allowing it to be processed as an uncontested divorce.

Filing Fees

The state court filing fees are paid in addition to those required to use Divorce.com. These filing costs vary from county to county. For more information about these fees, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.