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Massachusetts Divorce Records

Divorce in Massachusetts is a structured legal process aimed at dissolving a marriage while addressing personal, and financial issues. Governed by state laws, Massachusetts allows for no-fault and fault-based divorces. In Massachusetts, no-fault divorces are common, and in most instances, the filing spouse cites an irretrievable breakdown of marriage. The divorce process begins when a party files a complaint for divorce at the Probate and Family Court. Many couples opt for negotiation and mediation to reach a separation agreement. Massachusetts law permits the equitable division of marital assets and debts following the marriage dissolution.

Divorce records are publicly accessible in Massachusetts, although subject to certain restrictions. They are accessible at the Probate and Family Courts across the state. As of 2022, Massachusetts has a divorce rate of 1.4 divorces per 1,000, significantly lower than the national average of  2.4 divorces per 1,000 persons.

What are Divorce Records?

Massachusetts divorce records are official documents that record the legal dissolution of a marriage. Divorce records include information about the divorce proceedings, the final decree, arguments, and court orders.

Divorce records are kept as legal documentation, as it is proof that a marriage was dissolved legally. Massachusetts divorce records are public records that provide transparency and increase public trust in the judicial process. Divorce records serve as legal and personal references, such as in cases of remarriage, name change, or disputes regarding alimony. Lastly, Massachusetts divorce records provide historical and genealogical data.

Massachusetts divorce records are created through the judicial process when the petitioner files for divorce in the appropriate court. The court oversees the divorce proceedings, which include hearings, mediation, and settlement negotiations. After the court ruling, the divorce becomes final, and the divorce record is created.

Divorce records are accessible online and through the courts. Each county's Probate and Family Court maintains divorce records. The records are available at the county where the divorce was heard and finalized. Likewise, the Massachusetts Registry of Vital Records and Statistics provides certified copies of divorce decrees. A Massachusetts divorce record contains the following information:

  • The full names of the divorcing couple
  • The case number
  • The date of marriage and divorce
  • The legal reasons for the divorce
  • Custody arrangements, including visitation rights
  • Alimony and child support arrangements
  • Details on the division of marital assets and debts
  • All orders or agreements issued by the courts

Are Divorce Records Public in Massachusetts?

Yes, divorce records in Massachusetts are generally considered public records. Per Chapter 66 Section 3 of the Massachusetts General Law (MGL), all papers, documents, printed paper, or photographs kept by a public body are accessible to the public. Per Chapter 66 Section 10 of the MGL, all public agencies must make available for viewing and inspection any public record in its custody, including divorce records. In Massachusetts, the Probate and Family Court oversees divorce proceedings and maintains the records. Since these records are part of the court proceedings, they are generally accessible to the public.

Although divorce records are accessible to the public, there are some restrictions due to privacy concerns. Certain information in divorce records, such as financial information, child custody evaluations, medical records, and parenting plans, may be kept confidential to protect the individuals named on the record. Likewise, parties may request that certain parts of the records be sealed, especially if they contain sensitive information.

Massachusetts divorce records are accessible at the Probate and Family Courts. Each court in the state maintains its records, and requests can be made in person, by mail, and sometimes online.

Divorce Stats and Rates in Massachusetts

The National Center for Health Statistics reports that for 2022, there were 1.4 divorces per 1,000 residents, lower than the national average. Massachusetts ranks as one of the ten states with the lowest divorce rates. Over the years, the Massachusetts divorce rate has been on a steady decline. In 2000, the divorce rate in the state stood at 2.5 divorces per 1,000 people. The divorce rate for the state ranged from 2.1 to 2.7 divorces per 1,000 residents. However, in 2020, the divorce rate fell drastically to 1.5 divorces per 1,000 people, and the rate continued to remain low, to date.

While Massachusetts has a low divorce rate, some towns within the state record a higher divorce rate than the state’s average. Edgartown and Townsend have one of the highest divorce rates at 33.1% and 32.5%. On the converse, Popponesset and Devens towns have the lowest rates at 21.7% and 21.5%.

Grounds for Divorce in Massachusetts

In Massachusetts, divorce is granted based on no-fault and fault-based grounds. Either of these may be contested or uncontested. In a contested divorce, one party disagrees with the divorce terms, while in an uncontested divorce, both parties agree about everything on the divorce file.

No-Fault Grounds

It is the most common ground for divorce in Massachusetts. Per Chapter 208 Section 1A and 1B of the MGL, a no-fault grounds for divorce occurs when the spouse filing does not have proof of wrongdoing by the other spouse. Instead, the filing spouse states that the marriage has irretrievably broken down due to irreconcilable differences.

Fault-Based Grounds

Fault-based grounds for divorce occur when a spouse does something which leads to the failure of the marriage. A fault-based ground for divorce in Massachusetts requires that the spouse filing for divorce prove that the other spouse engaged in misconduct, justifying the person's action to end the marriage. This approach contrasts with no-fault divorce, where proving wrongdoing is not necessary. Per Chapter 208 Section 1 of the MGL, the following are the grounds for divorce:

  • Adultery
  • Desertion for at least one year without the consent or justification
  • Physical and emotional abusive treatment that makes it unsafe to live together
  • Impotency
  • One spouse is sentenced to prison for a crime with a term of more than five years
  • Habitual drunkenness or drug addiction that continues for at least one year
  • Wilful desertion and refusal to provide for the spouse despite the ability to do so
  • Knowingly infecting the spouse with a sexually transmitted disease

How to File for Divorce in Massachusetts

Filing for divorce in Massachusetts involves several steps and requires adherence to specific legal procedures.  Per Chapter 208 Section 4 of the MGL, one spouse must be a resident of Massachusetts for at least one year before filing the divorce. Massachusetts has a mandatory 90-day waiting period from the date of judgment before the divorce is finalized. The process starts when the petitioner gathers and prepares the relevant documents.

  • File a Complaint:  The petition begins the divorce process and must be filed in the Probate and Family Court. The petition includes information about the marriage, grounds for divorce, and requests for relief such as property division, child custody, and alimony
  • Serve the Complaint and Summons: The summons must be issued and served to the other spouse.  The summons informs the other party of the divorce filing and allows them to respond. The proof of service was filed in court
  • Response: The other spouse has 20 days to respond to the complaint. The response may be in agreement or contest of the terms stated in the petition
  • Hearing or Mediation: Where there is a contest, a hearing becomes necessary. The court may schedule hearings or mediation sessions to address and resolve the disputes
  • Final Judgment: After the parties have reached an agreement, they must submit a separation agreement outlining the terms, including property division, custody, and support. After the court reviews and approves the separation agreement or after the trial, the court issues a divorce decree finalizing the marriage

Massachusetts Divorce Decree

A Massachusetts divorce decree is a legal document issued by the Probate and Family Court that officially outlines the terms and conditions of terminating a marriage. Divorce decrees are the final order resolving all the legal issues involved in the divorce case. It also serves as proof that the divorce is finalized. Divorce decree sets forth the terms agreed upon by the parties or decided by the courts to end the marriage. It resolves issues, including property division, child and spousal support, and other relevant matters. Massachusetts Divorce Decree is legally binding. Both parties are required to comply with the terms outlined in the decree. Failure to adhere to the decree's terms can result in legal consequences, such as contempt of court.

A divorce decree contains information on the divorcing couple, including their names, date of marriage, date of separation, grounds for divorce, property division, child custody, child visitation schedules, spousal support, and parenting plan. Divorce decrees may also contain other agreements, such as orders from the courts, name changes, and restraining orders. The Probate and Family court where the divorce was granted maintains the divorce records and grants public access to these records in person, by mail, and sometimes online.

How to Find and Access Massachusetts Divorce Records

Accessing Massachusetts divorce records involves understanding the state's regulations and utilizing available resources, online and offline. All requests for divorce records must be submitted through the Probate and Family Court.

Offline Access

The Probate and Family Court in the county where the divorce was finalized provides access to divorce records offline. The Clerk of the Probate and Family Court is the record custodian for divorce records.  Record seekers may visit the courthouse in the county where the divorce was finalized to obtain the records in person. The records are accessible by mail. Also, the Department of Public Health maintains vital records, including divorce records, through its Registry of Vital Records and Statistics. The office accepts in-person and mail requests for the record.

Online Access

Some counties in Massachusetts provide online access to court records through their websites. Users may search for divorce records using the case number or party name. Some courthouses provide public access terminals to view divorce records electronically. Likewise, Massachusetts courts offer online access to case information, including divorce records, through the Massachusetts Trial Court's Electronic Case Management System.

Furthermore, third-party websites aggregate public records, including divorce records from various sources, and offer them to users for a fee. These platforms provide comprehensive searches with an easy-to-use interface at the user's convenience. However, they are not government-approved. Therefore, information from such services may be unreliable or inaccurate. Also, third-party websites may not have security measures to protect personal information, increasing the risk of data breaches and unauthorized access.

 

References

Counties in Massachusetts

List of Content

  1. What are Divorce Records?
    1. Are Divorce Records Public in Massachusetts?
      1. Divorce Stats and Rates in Massachusetts
        1. Grounds for Divorce in Massachusetts
          1. No-Fault Grounds
          2. Fault-Based Grounds
        2. How to File for Divorce in Massachusetts
          1. Massachusetts Divorce Decree
        3. How to Find and Access Massachusetts Divorce Records
          1. Offline Access
          2. Online Access