Statutory Reference to Massachusetts General Laws Annotated, chapter 208:

Residence: §§ 4 and 5

Divorce: §§ 1, 1A, 1B

Property Division: § 34

Alimony: § 34

Custody: § 31

Visitation: § 31; ch. 119, § 39D

Child Support: Child Support Guidelines (Court Rule); § 28

 

Residence:

Either party must be a bona fide resident if the cause of action occurred within the state.  Otherwise, there is a one year residency requirement. 

 

Grounds:

§ 1 Fault grounds: (1) adultery; (2) impotency; (3) desertion for one year; (4) confirmed habits of intoxication cause by the use of drugs or liquor; (5) cruel and abusive treatment; (6) refusal to provide suitable maintenance. 

 

§ 1A Irretrievable breakdown: Parties may file complaint and affidavits of irretrievability, and within ninety days, file a separation agreement. 

 

§ 1B Irretrievable breakdown: Parties may file a complaint alleging irretrievable breakdown without a separation agreement, and the court may enter a divorce nisi after six months. 

 

Distribution of Property:

Equitable distribution of all property.  The court may assign to either the husband or the wife all or nay part of the estate of the other.  In fixing the nature and value of the property, the court shall consider enumerated factors. 

 

Alimony/Spousal Support:

The court may award periodic or lump sum alimony.  (Note, however, that the Massachusetts Court of Appeals recognized rehabilitative alimony in Zildjian v. Zildjian, 8 Mass. App. Ct. 1, 391 N.E.2d 697 (1979).)

Factors in awarding alimony include:  the conduct of the parties during the marriage, except if a divorce is granted under § 1A; homemaker's contributions; the employability of each party; the needs of each party; the opportunity for the future acquisition of capital assets and income.

 

Child Custody/Visitation:

The parties shall submit to the court a shared custody implementation plan.  The court may modify or grant the plan.  The court may reject the plan and award sole custody to one parent. 

 

Child Support:

Child Support Guidelines are provided in the Massachusetts Court Rules, promulgated by the Supreme Judicial Court. The Massachusetts guidelines are a hybrid form of the Percentage of Income model and Income Shares Model.  Support is calculated on the gross income of the non-custodial parent, but then offset by a percentage of income of the custodial parent over a certain floor. Support for education of the child is through age 23.