Filing a Contested Divorce in Massachusetts

Massachusetts is both a fault and no-fault divorce state. To file for a contested divorce, at least one of the spouses must have lived in the state at the time the asserted cause of action occurred even if the cause of action occurred in another state. If after six months after filing the court determines that there is a continuing irretrievable breakdown of the marriage it will render a divorce nisi.

Chapter 208: Section 1. General provisions

A divorce may be adjudged for the following:

adultery
impotency
utter desertion continued for one year prior to the filing
alcoholism and continued drug use
refusal to provide suitable support and maintenance of the other spouse
irretrievable breakdown of the marriage (no-fault)

Chapter 208: Section 1A. Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure

Section 1A. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of:

(a) a petition signed by both joint petitioners or their attorneys;

(b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and

(c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required.

After a hearing on a separation agreement which has been presented to the court, the court shall, within thirty days of said hearing, make a finding as to whether or not an irretrievable breakdown of the marriage exists and whether or not the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable.

Chapter 208: Section 1B. Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure

Section 1B. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.

No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.

Chapter 208: Section 4. Domicile of parties

Section 4. A divorce shall not, except as provided in the following section, be adjudged if the parties have never lived together as husband and wife in this commonwealth; nor for a cause which occurred in another jurisdiction, unless before such cause occurred the parties had lived together as husband and wife in this commonwealth, and one of them lived in this commonwealth at the time when the cause occurred.

Chapter 208: Section 5. Exceptions

Section 5. If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce.

Find an Attorney

You can file a contested divorce in Massachusetts under certain grounds that also include irretrievable breakdown of the marriage. Your or your spouse must have lived in the state when the cause of action occurred. The court will determine if the marriage is irredeemable. Talk with an attorney to discuss your case.

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