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Legal Information: Massachusetts

Divorce

Updated: 
December 14, 2023

What are the residency requirements to file for divorce in Massachusetts?

The amount of time that you must live in Massachusetts before filing for divorce depends on whether or not the reason that the marriage ended happened in Massachusetts or outside of Massachusetts. 

If the reason the marriage ended happened outside of Massachusetts, you can get a divorce in Massachusetts only if:

  • you have lived in the state for one year immediately before filing for divorce;1 or
  • at some point, you lived together in Massachusetts as husband and wife, and one of you still lived in Massachusetts when the reason that the marriage ended happened.2 For example, while you were living together in Massachusetts as a married couple, your husband/wife went to another state and cheated on you (committed adultery).

If the reason the marriage ended happened in Massachusetts, you can get a divorce in Massachusetts if you live in the state at the time you’re filing for divorce. However, a divorce will not be granted if it seems like you moved to Massachusetts to get a divorce.1

1 M.G.L. 208 § 5
2 M.G.L. 208 § 4

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