By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 09, 2023
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Massachusetts and all other states have certain divorce laws that address eligibility, restrictions, and the legal process for getting a marriage dissolved. These may include residency restrictions that require one or both spouses to have lived in the state for a certain period of time, or a minimum length of separation before the parties file for divorce. While state laws used to require proof that one of the spouses was at fault for the breakdown of the marriage, all states now allow "no-fault" divorce.
Read on to learn more about Massachusetts divorce laws.
The table below outlines some of the most important provisions of Massachusetts divorce laws. See FindLaw's Divorce section and the below links for more articles and resources.
Code Section |
§ Chapter 208 et seq. of Massachusetts General Laws |
|---|---|
Residency Requirements |
Spouses must meet one of the following residency requirements:
|
Waiting Period |
The waiting period is 6 months |
'No-Fault' Grounds for Divorce |
Since Massachusetts is a “no-fault" divorce state, the plaintiff need only claim there has been an irretrievable breakdown of the marriage. That means there are issues with the marriage that cannot be resolved and there is no chance of reconciliation between the spouses |
Defenses to a Divorce Filing |
There are no defenses to a divorce filing because Massachusetts is a no-fault state |
Other Grounds for Divorce |
Other grounds for divorce in Massachusetts include:
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Depending on the circumstances, divorce cases can be legally complicated, not to mention stressful and emotionally challenging. If you have questions about whether you are eligible for a divorce in Massachusetts or have concerns about the divorce process in general, consider getting professional assistance from a local divorce attorney.
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