Massachusetts Divorce FAQS

In Massachusetts, divorce records are maintained by the Probate and Family Court in the county where the divorce was filed. To obtain your divorce decree, contact the clerk’s office of the specific court that handled your case. You can find a list of all Probate and Family Courts on the official Massachusetts Court System website.

Yes. When requesting a certified copy of a divorce decree, Massachusetts courts require a valid photo ID to verify your identity. Acceptable forms typically include a driver’s license, passport, or state-issued ID card.

Access may be restricted. If your divorce case includes domestic violence, the court may seal certain records to protect the parties involved. You may need to provide proof of legal interest or obtain a court order to access these records.

The fee for a certified copy of a Massachusetts divorce decree varies by county but generally ranges from $10 to $25 per copy. Some courts accept payment by cash, check, or money order, and certain counties may allow online payment if ordering electronically.

Yes. Older divorce records are archived by the Massachusetts State Archives or by the specific county Probate and Family Court. If your divorce is more than 50 years old or the local court no longer retains the file, the State Archives can provide guidance on obtaining a copy.

No. VitalChek handles birth, death, and marriage certificates, but Massachusetts divorce records are obtained directly from the Probate and Family Court where the divorce was filed. Online requests may be available through the court’s official website.

Yes. Many Massachusetts Probate and Family Courts provide online case search portals where you can check the status of a divorce, review docket entries, or find hearing dates. Access may be limited for cases involving sensitive information.

Massachusetts allows no-fault divorce based on an “irretrievable breakdown” of the marriage. This means the marriage has broken down beyond repair, and there is no reasonable prospect of reconciliation. No proof of wrongdoing is required.

Yes. Massachusetts permits unilateral divorce under no-fault grounds. If your spouse does not agree, you can still file a divorce petition. The court will process the case and may require a waiting period before finalization.

Generally, Massachusetts focuses on need and ability to pay rather than marital fault. However, extreme misconduct or financial mismanagement may influence alimony in certain circumstances.

Inherited property is typically considered separate property and not subject to division unless it was commingled with marital assets or used for marital purposes. Judges assess the facts to determine whether inherited assets should remain with the recipient spouse.

Yes. For a 1A joint petition, no separation period is required. For a 1B contested divorce, spouses must typically live separately for at least one year before finalizing a no-fault divorce, though exceptions may apply in cases of abuse or mutual agreement.

Yes. If minor children are involved, Massachusetts law requires divorcing parents to complete a Parent Education Program to assist in co-parenting and understand the impact of divorce on children.

Yes. Prenuptial agreements can define or limit spousal support, but courts may override provisions that are unconscionable or violate public policy.

While mediation is strongly encouraged, it is not mandatory in all cases. Courts often require attempts at mediation or settlement conferences to resolve disputes regarding custody, support, and property before trial.

Yes. Even if a business was started prior to marriage, its appreciation during the marriage may be considered a marital asset. Courts evaluate the contribution of both spouses and the timing of growth.

Courts distinguish between increased value due to marital efforts (e.g., spouse labor, shared investment) and pre-marriage value. Only the marital portion of appreciation is typically divisible.

Yes. A non-working spouse may be entitled to a share of profits if the business value increased during the marriage, reflecting marital contribution or support of the primary business-owning spouse.

Yes. Courts may approve buyouts, where one spouse purchases the other’s interest, to avoid forcing a business sale. The buyout amount is usually based on a fair market valuation.

Yes. Goodwill is generally treated as a marital asset if it contributed to the business’s value during the marriage. Courts may assign a monetary value for division or offset it with other marital property.

Yes. Debts incurred for business purposes during the marriage may be considered marital liabilities and subject to equitable distribution, depending on whether both spouses benefited or shared responsibility.

Yes. Vested stock options are typically divisible. Unvested options may also be considered marital property if they were granted or accrued during the marriage, often prorated based on the marriage length.

Yes. Courts may appoint a forensic accountant to investigate and trace concealed assets, ensuring equitable division, particularly in complex or high-net-worth cases.

Trusts are analyzed to determine control, ownership, and access. Marital portions of trust assets may be subject to division if the trust benefits the spouse or was funded with marital resources.

Yes. Massachusetts courts can exercise jurisdiction over marital property regardless of location if the property belongs to a Massachusetts-resident spouse. Enforcement may require cooperation with courts in other states or countries.

Yes. Courts may consider the marital standard of living when determining the amount and duration of alimony, aiming to maintain a reasonable post-divorce lifestyle for the dependent spouse.

In certain cases, yes. Judges can issue temporary restraining orders or freeze accounts if there is a risk of asset dissipation or concealment during divorce proceedings.

Courts consider luxury items as part of marital property if acquired during the marriage. They may be divided based on value, sentimental significance, and equitable considerations, sometimes using appraisals for fair allocation.

A 1A divorce is a joint petition filed by both spouses and is typically uncontested. A 1B divorce is a contested petition filed by one spouse, often requiring a separation period and judicial determination of unresolved issues.

At least one spouse must be a resident of Massachusetts for one year before filing. If both spouses reside in the state, residency requirements may be waived in certain circumstances.

The waiting period, known as the nisi period, is generally 90 days from the filing of a 1A petition before the divorce can be finalized.

Not necessarily. If all documents are submitted properly and agreements are signed, many 1A uncontested divorces do not require a court appearance.

If a spouse does not respond, the court may issue a default judgment, allowing the divorce to proceed without the non-responding party’s participation.

Yes. Courts can issue temporary orders for custody, parenting time, and support during the divorce process to ensure children’s needs are met.

The nisi period is a waiting period after a 1A joint divorce petition is filed. It generally lasts 90 days, during which time either party may raise objections or request modifications before the divorce is finalized.

Yes. Many divorces, particularly uncontested 1A divorces, are finalized without trial. Contested divorces may require hearings or a trial if the parties cannot reach an agreement on key issues.