Massachusetts Divorce Records

Massachusetts boasts some of the lowest divorce rates in the country, which have consistently remained below the national average. Per recent data from the National Center for Health Statistics, Massachusetts had a divorce rate of 1.4 per 1,000 residents over 41% less than the national rate of 2.4 divorces per 1,000.

Massachusetts allows both fault and no-fault divorces. In a no-fault divorce, both spouses agree that their marriage is irretrievably broken and there is no reasonable chance of reconciliation, but no one is assigned any blame. However, for fault divorces, one spouse blames the other for their marriage ending and must prove specific grounds for the divorce, such as adultery, abuse, or desertion.

Divorces in Massachusetts can be quite expensive, costing an average of about $12,200 per person, way above the national average of $9,969. This cost is influenced by several factors, including court fees, attorney fees, mediation expenses, and whether the divorce is uncontested or contested (this, in particular, can significantly increase divorce expenses).

Are Divorce Records Public in Massachusetts?

Divorce records are considered public records in Massachusetts, meaning that any interested member of the public may view and obtain copies of these records following the state's Public Records Laws.

However, while members of the public are generally guaranteed access to divorce records in Massachusetts, certain sensitive information contained in the record is usually redacted, such as social security numbers, and details on minors and abuse victims.

In addition, access to divorce records that have been sealed by court order is restricted. Redacted/restricted information may only be viewed by specific parties, including the person named on the record, law enforcement, and individuals with a valid court other authorizing them to access the record.

What Is Included in Massachusetts Divorce Records?

Divorce records in Massachusetts are also referred to as divorce decrees; both terms are interchangeably used to refer to any official documents that confirm the finalization of a divorce in the state.

All Massachusetts divorce records are created and maintained locally by Probate and Family Courts. There are three primary types of divorce records in the state:

• Judgment of Divorce Nisi: This is a temporary court judgment issued after the divorce has been initially granted that details the waiting period before the divorce becomes final.
• Certificate of Divorce Absolute: This document confirms that the divorce is final, and is issued by the court after legal proceedings related to the divorce have been completed. Certificates of Divorce Absolute contain basic details on the divorce, like the names of the parties involved, the divorce date, and location.
• Divorce Separation Agreement: This document outlines the terms of the divorce, as agreed by both parties, and typically contains details on child support, visitation, alimony, and property division.

How Do I Find Massachusetts Divorce Records?

Massachusetts divorce records are maintained by the Probate and Family Court where the divorce case was filed, and certified copies of these records may be obtained through the court. Some common reasons for looking up and/or obtaining copies of Massachusetts divorce records include:

• To confirm that a divorce has been finalized and legally recognized
• To process name changes
• To apply for a marriage license
• To resolve issues involving child custody, visitation rights, support, and alimony
• To update your information for social security and other benefits/entitlements
• To change beneficiaries or update marital status with banks, insurance companies, and other financial institutions
• To update wills, trusts, and other legal documents

Look Up Massachusetts Divorce Certificate

Massachusetts does not offer state-issued divorce certificates; all divorce records are held locally by Probate and Family Courts. Nonetheless, you may obtain divorce information, such as the year of divorce, the court that granted the divorce, and the court docket number, by mailing an Application of Divorce Inquiry to the state's vital records office at:

This service is provided at no cost.

Look Up Massachusetts Divorce Decree

You may obtain copies of Massachusetts divorce decrees (certificates of divorce absolute, judgments of divorce nisi, or divorce separation agreement) by taking the following steps:

• Determine the Probate and Family Court holding the required records. This is typically the court in the county where the case was filed. If you are unsure of the court or county, you may contact any other court and provide them with the names of the parties involved in the case to help you search for this information.
• Complete a Request for Copies Form (PFC 18) and submit it to the court. The completed form may be submitted in person or via mail. Note that you will need to provide a docket number when filling out the form. You may get this number through several means, including:
• Running an online search for the case via the Massachusetts Trial Court Case Access portal
• Calling the court that handled the divorce
• Utilizing the Virtual Registry in the county where the case was filed
• Pay the applicable fees. Certificates of divorce absolute and certified copies of a judgment of divorce nisi cost $20 per copy, while certified copies of divorce separation agreements cost $20 for the first page plus 0.05 cents for each additional page.

Look Up Massachusetts Divorce Court Records

Massachusetts Probate and Family Courts do not typically provide access to whole divorce court files. However, you may access certain documents contained in the file - such as the Certificate of Divorce Absolute, Judgment of Divorce Nisi, or Divorce Separation Agreement - by submitting a written request to the court that handled the case and paying the applicable fees. This is usually $20 per document (additional fees may apply for certain documents). You may contact the appropriate court for more information.

Can You Seal Divorce Records in Massachusetts?

Massachusetts allows for divorce records to be sealed; however, you will typically need to provide a compelling reason for this to be done. Common reasons for requesting that your divorce records be sealed include safety and privacy concerns and protecting sensitive financial information from competitors.

The process for sealing a divorce record in Massachusetts generally involves:

• Filing a motion with the Probate and Family Court that handled the case. This motion should include a compelling reason for the request and any necessary supporting documentation.
• Attending a scheduled court hearing, where a judge will review the motion. You may be given the opportunity to present your case before a ruling is issued.

If the motion is granted, the court will order the sealing, and the records in question will no longer be accessible to the general public.

How Long Does a Divorce Take in Massachusetts?

The specific timeline for divorces in Massachusetts varies on a case-by-case basis but is primarily dependent on whether the divorce is contested or uncontested. Uncontested divorces are typically finalized within three to six months, while contested divorces may take 12 - 18 months or more. This includes the nisi period, which is the mandatory waiting time after the divorce is granted before it officially becomes finalized. Massachusetts imposes a mandatory 120-day nisi period for uncontested, no-fault divorces, and a 90-day nisi period for all other types of divorces.

Does Massachusetts Require Separation Before Divorce?

No, Massachusetts does not require separation before divorce.

How Are Assets Split in a Massachusetts Divorce?

Massachusetts is an equitable distribution state. This means that assets (and liabilities) are not split 50/50 during a divorce. Instead, the court splits the couple's assets "fairly" between both parties after certain factors have been taken into consideration, such as:

• The length of the marriage
• The contributions of each spouse (both financial and non-financial)
• The age and health of the spouses
• Each spouse's financial circumstances and future earning potential
• The needs of any dependent children from the marriage

It should be noted that, in Massachusetts, only assets and liabilities acquired by either spouse during the marriage (marital property) is split during a divorce. However, assets and liabilities obtained before the marriage, as well as inheritances and gifts received during the marriage, are considered "separate property" and typically remain with the original owner.

Who Gets Custody of a Child in Divorce in Massachusetts?

While many states often favor mothers in custody disputes, Massachusetts' child custody and parenting time laws prioritize the best interests of the child without gender bias, and both parents are considered equally capable of providing care. As such, fathers in Massachusetts are likely to get up to 50% of child custody time after a divorce, higher than the national average of 35%.

Massachusetts law recognizes two main types of custody: legal custody, which refers to decision-making authority over the child's welfare and upbringing, and physical custody, which refers to where the child lives. The outcome of a divorce will typically involve one of the following custody arrangements:

• Sole physical custody: One parent is responsible for where the child lives and taking care of them. The other parent may still get parenting time.
• Shared physical custody: Both parents are responsible for giving the child a home and taking care of them. This usually involves the child alternating time between each parent's house, usually for the same amount of time.
• Sole legal custody: Here, only one parent can make major decisions about the child's welfare.
• Shared legal custody: Here, both parents must jointly decide on major issues concerning the child's welfare, such as medical care, religion, discipline, and education.

Depending on the case, the court may grant one parent sole physical custody while they share legal custody with the other parent, and vice versa, or both parents may be granted shared physical and legal custody (joint custody).