Mass. Filing Requirements
Here are the requirements for a Massachusetts divorce:
Residency Requirements
Where to File for Divorce
Grounds for Divorce
Waiting Period
Residency Requirements
The Commonwealth of Massachusetts has unique residency requirements for those who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with any county court. The Massachusetts residency requirements are as follows:
- One of the spouses must be a resident of the state of Massachusetts if the grounds for divorce occurred in Massachusetts. If the grounds for divorce occurred outside of Massachusetts then one spouse must be a resident for at least 1 year.
- Actions for divorce shall be filed, heard and determined in the Probate and Family Court, for the county where one of the parties lives, except that if either party still resides in the county where the parties last lived together, the action shall be heard and determined in a court for that county. In the event of hardship or inconvenience to either party, the court having jurisdiction may transfer such action for hearing to a court in a county in which such party resides.
- Military: Active duty members of the military (or their spouses) may file in Massachusetts if they have been stationed in Massachusetts for six months or were residents of Massachusetts when they entered active duty.
Where to File for Divorce
You should file for divorce in the Massachusetts County where you and your spouse last lived together. However, if neither of you still lives in that county, then you may file for divorce in the Massachusetts County where either spouse currently lives.
Grounds for Divorce
A divorce filed on a basis for “grounds” may be granted on the basis of adultery, impotency, desertion for one year prior to the filing of the Complaint, alcohol or drug addiction, cruel and abusive treatment, willful neglect and refusing to provide suitable support for the other spouse, confinement for five years or more in a federal institution, or the most common ground – “irretrievable breakdown of the marriage.”
Given that our Massachusetts Flat-Fee Divorce Attorneys focus on uncontested divorce matters, we typically suggest the irretrievable breakdown (or irreconcilable differences) as the grounds for your divorce.
Waiting Period
Your divorce will not actually be final until 90 days after the Judge signs the judgment. The reason for this is because Massachusetts law requires the Court to first enter a “judgment nisi.” After expiration of 90 days, the judgment nisi automatically converts into a final decree, meaning your divorce is final.
You may feel overwhelmed after reviewing all the technical information about divorce law – that’s understandable. Nobody ever married expecting to end-up divorced, so this can be an emotional process. You’ve taken the first step by visiting this site. Your next step is to find a lawyer who you feel comfortable with.
When you work with Massachusetts Flat-Fee Divorce Attorneys, we help you focus on reducing legal fees, saving time and stress, but most importantly, saving your children from the effects that contested divorce can have on them. To learn more, contact us or call (800) 910-DIVORCE.