If the grounds for divorce occurred in the State of Massachusetts, one party must be a resident of the State  for a Massachusetts divorce action to be commenced in the State. If the grounds for divorce occurred outside of the state, the spouse filing must have been a resident of Massachusetts for 1 year.

Massachusetts Divorce Filing Requirements

A Massachusetts divorce action should be filed for in the county in which the spouses last lived together. If neither spouse currently lives in that county then the divorce may be filed for in a county where either spouse currently resides.

Massachusetts Divorce Grounds

The grounds for Massachusetts divorce are as follows:  

• irretrievable breakdown of the marriage  

• impotence;  

• imprisonment for over 5 years;  

• adultery;

• alcoholism and/or drug addiction;  

• desertion for 1 year before the filing for divorce;  

• cruel and inhuman treatment; and  

• nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse.  

Expedited Massachusetts Divorce Procedure

If the Massachusetts divorce grounds are an irretrievable breakdown of the marriage, the parties may file with the Court 

• a petition signed by both spouses; and 

• a sworn affidavit that an irretrievable breakdown of the marriage exists; and 

• a notarized separation agreement signed by both spouses or a marital settlement agreement.

 After the submission of these papers, the case will be scheduled for an expedited hearing.

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