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Get a fault divorce

In a fault divorce, the person asking for the divorce must prove a specific reason for the divorce. Follow the steps below to get a fault divorce in Massachusetts.

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Step 1: Find out if you can get a fault divorce in Massachusetts

You can file for divorce in Massachusetts if:

  • You've lived in the state for 1 year or;
  • The reason the marriage ended happened in Massachusetts and you've lived in the state as a couple

To get a fault divorce, you must prove a specific ground(s) or reason for the divorce. These grounds are listed in M.G.L. c. 208, s.1:

  • Adultery
  • Desertion
  • Gross and confirmed habits of intoxication
  • Cruel and abusive treatment
  • Non-support
  • Impotency
  • A prison sentence of 5 or more years

The fault divorce process can take longer and be more expensive than a no-fault divorce.

Key Actions   for Step 1: Find out if you can get a fault divorce in Massachusetts

Probate and Family Court Uniform Guide to Filings  Find Legal Assistance   Learn about the types of divorce  Learn about Alternative Dispute Resolution 

Step 2: Fill out your paperwork

Required at initial filing

Anyone filing for a fault divorce needs to file:

Additional filings

These forms are not required at initial filing. These forms may need to be filed before the court can give you a hearing date or have your case heard by a judge. The division where you file can help answer questions on when these forms should be filed. 

 

Special circumstances

Some people may also need to file:

  • An Affidavit of indigency if you can't afford the fees. See Indigency for more information.
  • Motion for temporary orders (CJD 400) if you need a court order right away. The court can enter an order on custody, support, etc. while you wait for your divorce hearing. Write what you want the court to order on the motion form. With this, you need an Affidavit explaining what happened and when to the judge. You also need a Proposed Order form explaining what you want the court to order.

Key Actions   for Step 2: Fill out your paperwork

File a financial statement  Apply for indigency (waiver of court fees and costs) 

Step 3: File your paperwork and fees

Fees

You'll need to pay the following fees for a fault divorce. There are different ways you can pay your fees. You can pay with a bank check or money order made out to the Commonwealth of Massachusetts, cash, or a credit card.

Name Fee
Divorce filing fee $200
Divorce filing surcharge $15
Divorce summons charge $5

How to file

You can file for a fault divorce in person or by mail.

Make sure you file the required forms and fees with the Probate and Family Court in the correct county. You should file in the county where you and your spouse lived together if one or both of you still live there. Otherwise, file in the county where you or your spouse live now. Find your Probate and Family Court.

Key Actions   for Step 3: File your paperwork and fees

Find your Probate & Family Court  Apply for indigency (waiver of court fees and costs) 

Step 4: Serve the papers on your spouse

After you file your paperwork, the court will mail you a summons. You will then serve the complaint for divorce and summons on the other spouse. Find out how to do this here: service of process of domestic relations complaints

Key Actions   for Step 4: Serve the papers on your spouse

Serve the complaint and summons on your spouse 

Step 5: Attend the mandatory co-parenting education program

All parents where there is no agreement on custody and/or parenting time of their minor children must attend the four-hour online co-parenting course “Two Families Now” unless a Judge waives the requirement.

Parent Education: Notice to Parents for Mandatory Co-Parenting Education Course

If you think you should not be required to attend the parent education course you can file Motion to Waive Attendance at Two Families Now Co-Parenting Education Course and provide notice to the other side by sending them a copy.

Key Actions   for Step 5: Attend the mandatory co-parenting education program

Parent Education  

Step 6: Exchange financial statements & write up a separation agreement

After you serve your spouse, they will likely file an answer. See respond to a case filed against you in Probate and Family Court for more information on that process.

After your spouse files an answer, you must exchange financial statements. You must also write a separation agreement on how you will handle any issues related to your divorce. It’s helpful to speak to a lawyer about the choices you make. If you aren't able to talk with a lawyer, the law libraries and public libraries have examples of separation agreements.

Additional Resources   for Step 6: Exchange financial statements & write up a separation agreement

Open file,  Respond to a case filed against you in Probate and Family Court
Open file,  Find Legal Assistance
Open PDF file, 225.09 KB,  Sample Separation Agreement (English, PDF 225.09 KB)

Step 7: Attend a pre-trial hearing

There may be a pre-trial hearing scheduled by the court if you and your spouse have issues you can’t agree on. You will receive a notice in the mail about the hearing.

Both spouses or their lawyers must submit a pre-trial memorandum to prepare. Before the pre-trial, you may want to take part in discovery. Discovery is your opportunity to find out information from the other party. You may request documents from the other party and submit questions (called interrogatories). You must also decide if you're going to call any witnesses for the trial.

If you and your spouse have a signed and notarized separation agreement on all the issues, you do not need a trial. You must have your separation agreement and financial statements filed with the court.

Step 8: Attend a hearing

The divorce becomes final 90 days after the judgment date.

Unless the court grants a waiver, a hearing can't take place any sooner than 6 months from the filing date. You will receive a notice in the mail with information on your scheduled hearing.

The judge will either accept, reject, or amend the separation agreement at the hearing. If the parties do not agree on all the issues, there will be a trial and the judge will make the final decision. When a judgment enters, the divorce becomes final 90 days later, after the nisi period has ended. Please see Finalizing a divorce for more information.

Key Actions   for Step 8: Attend a hearing

Learn about finalizing a divorce 

Additional Resources   for Step 8: Attend a hearing

Open file,  Get a copy of your divorce record

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