What are the legal requirements for a divorce?

In Massachusetts, in order to get a divorce, both the husband and wife must meet certain legal requirements. First, one of the parties must have been a resident of Massachusetts for at least one year prior to filing for divorce. If the parties have been married for less than five years, then both parties must have resided in Massachusetts for at least six months prior to filing. Second, the couple must have grounds for divorce. In Massachusetts, the grounds for divorce are either “fault-based” or “no-fault.” Fault-based grounds for divorce include adultery, extreme cruelty, desertion, gross and confirmed habits of intoxication, non-support, imprisonment, and impotency. No-fault grounds are based on a separation of at least one year and a breakdown of the marriage. Third, the parties must resolve all other issues associated with the divorce. This includes issues such as child custody or visitation, child support, alimony, division of property, and distribution of joint assets. Finally, the divorce must be filed in the county where the plaintiff (the person filing the complaint) resides. The other party will need to be served with a summons, which informs them of the action taken against them. After a hearing, the court will issue a judgment of divorce which will dissolve the married state of the parties.

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What are the legal requirements for a divorce?

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