What is an absolute divorce?

An absolute divorce is a legal action that permanently ends a marriage or civil union. In Massachusetts, it is the only type of divorce that is available. An absolute divorce is obtained when one or both spouses decide that they no longer want to remain married and agree to terminate the marriage. The parties can either enter into a written agreement or ask a court to grant the divorce. When a court grants an absolute divorce, it issues a Decree of Divorce that serves as proof that the marriage has been legally terminated. This document details the division of assets and debts, alimony/spousal support if applicable, and any child support and custody arrangements. To be granted an absolute divorce in Massachusetts, at least one spouse must meet the residency requirement of living in the state for a minimum of one year. In addition, parties must show that the marriage is irretrievably broken. Usually, this means that at least one spouse believes that there is no hope of reconciling the marriage. Once the court enters a Decree of Divorce, both spouses are free to remarry. They must provide a certified copy of the decree to the local authorities when applying for a marriage license.

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What is an absolute divorce?

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