Divorce is governed by state law. In order to obtain a divorce in Massachusetts, the Court must have jurisdiction over the parties seeking the divorce. This is generally done by meeting a residency requirement. The filing requirements include that one of the spouses be a resident of the state of Massachusetts if the grounds for divorce occurred in Massachusetts. If the grounds for divorce occurred outside the state of Massachusetts then one spouse must be a resident of the state for at least one year. The divorce is typically filed with in county in which the filing spouse lives. (Massachusetts General Laws - Chapter 208 - Sections: 4,5 & 6) Contact the clerk at the Probate and Family Court near where you live for more information, or contact an attorney for legal advice.

A divorce in Massachusetts may be granted on the following grounds:

No Fault Based Grounds: "Irretrievable breakdown of the marriage." This is called a 1A divorce because it is outlined in Massachusetts General Laws, Chapter 208, Section 1A. This is the type of divorce for which couples in mediation will generally file.

Fault Based Grounds: "Adultery, impotency, desertion continued for 1 year next prior to the filing of the complaint, habitual drunkenness, drug addiction, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse."
Massachusetts General Laws - Chapter 208 - Sections: 1, 1A, 1B and 2

To obtain a "no fault" or "1A" divorce in Massachusetts, "a simplified procedure of filing: (1) a petition signed by both spouses; (2) a sworn affidavit that an irretrievable breakdown of the marriage exists; and (3) a notarized separation agreement signed by both spouses (4) court financial statements (5) statistical data sheet and (6) other forms as requied by the court." See Court Forms for these documents.

Massachusetts is referred to as an "equitable distribution" state. This means "fair," not necessarily equal.

In mediation, couples can decide together how to apportion the assets, debts, personal property, marital home, cars, etc. If they aren't able to agree on this, the court will make the decision, taking into account the following: "a. length of the marriage; b. the conduct of the parties during the marriage; c. the age; d. health; e. station; f. occupation; g. amount and sources of income; h. vocational skills; i. employability; j. estate; k. liabilities and needs of each of the parties; l. the opportunity of each for future acquisition of capital assets and income," Massachusetts General Laws - Chapter 208 - Sections: 1A and 34

Spousal support may be a part of a divorce settlement and influence the marital property distribution. If couples are unable to agree on whether or not spousal support will be part of the divorce, or how much spousal support there will be, the court "shall consider the following in determing a suuport award; (1) the length of the marriage, (2) the conduct of the parties during the marriage (3) the age (4) health (5) occupation (6) amount and sources of income (7) vocational skills and employability (8) estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. In addition, the contribution of each of the parties in the acquisition of the marital assets and the role in the marital relationship may also be considered by the court."
Massachusetts General Laws - Chapter 208 - Sections: 1A and 34

Courts generally prefer that parents decide where the child(ren) should live what the parenting plan is (physical custody) and who should make decisions for the child(ren) (legal custody), but if they can't, the court will do this for them. You can also read more about Massachusetts child custody in the Massachusetts state statutes located at: http://www.mass.gov/legis/laws/mgl/gl-208-toc.htm

In Massachusetts, the court looks out for the best interests of the children. A parenting plan addresses many issues, including (but not limited to) "the child's education; the child's health care; procedures for resolving disputes between the parties with respect to child-raising decisions and duties; and the periods of time during which each party will have the child reside or visit with him, including holidays and vacations, or the procedure by which such periods of time shall be determined."
Massachusetts General Laws - Chapter 208 - Sections: 28 and 31

The court may order either parent to provide support (including health insurance) and education for any minor child. Massachusetts has official Child Support Guidelines. These guidelines are "presumed to be correct unless there is good cause to show that the amount would be unjust or inappropriate under the specific circumstances in a case."

Reasons for deviation from the Guidelines are: "(1) the parent who is to pay support is already supporting other minor children and there are not enough financial resources available; (2) the parent who is to pay support has extraordinary expenses [travel-related visitation expenses, uninsured medical expenses, etc;] and (3) other unusual circumstances."

There is an official Child Support Guidelines Worksheet contained in the Appendix (see Forms) and this is typically used. The worksheet will generate an appropriate Massachusetts child support obligation according to each spouse's income and other factors.

"In establishing the the Child Support Guidelines, the following principles were considered:

1. To minimize the economic impact on the child of family breakup;
2. To encourage joint parental responsibility for child support in proportion to, or as a percentage of income;
3. To provide the standards of living the child would have enjoyed had the family been intact;
4. To meet the child's survival needs in the first instance, but to the extent either parent enjoys a higher standard of living to entitle the child to enjoy that higherstandard;
5. To protect a subsistence level of income of parents at the low end of the income range whether or not they are on public assistance;
6. To take into account the non-monetary contributions of both the custodial and non- custodial parents;
7. To minimize problems of proof for the parties and of administration for the courts;
8. To allow for orders and wage assignments that can be adjusted as income increases or decreases."

According to the Massachusetts Court's website, "A Massachusetts military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Massachusetts Divorce Proceedings
There are laws set up to protect active duty military members against being held in "default" from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Massachusetts court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Massachusetts court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements
The typical military divorce filing requirements are as follows:

- You or your spouse must reside in Massachusetts
- You or your spouse must be stationed in Massachusetts

Grounds for Massachusetts Military Divorce
The grounds for a military divorce in Massachusetts are the same as a civilian divorce.

Dividing the Property
Along with the normal Massachusetts property division laws, the federal government has enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support
In Massachusetts, both child support and spousal support/alimony awards may not exceed 60% of a military member's pay and allowances. The normal Massachusetts child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid."