Massachusetts Family Law Attorneys

At DearLegal, we connect you with experienced Massachusetts family law attorneys who can navigate Massachusetts’s all-property equitable distribution and the Alimony Reform Act. Whether you’re in Boston, Worcester, Springfield, Cambridge, Lowell, or anywhere in the Commonwealth, we’ll match you with the right attorney — at no cost to get started.

Uncontested 1A divorces in Massachusetts typically finalize 90–120 days after filing (the joint petition includes a 30-day nisi period after judgment before it’s absolute). Contested 1B divorces generally take 12–24 months. Massachusetts has a 90-day waiting period from the entry of judgment (nisi) before the divorce is absolute.

Yes. Massachusetts has two no-fault paths: M.G.L. ch. 208 § 1A (joint petition for irretrievable breakdown, requires written separation agreement) and § 1B (contested irretrievable breakdown, requires a 6-month waiting period). Massachusetts also retains 7 fault grounds.

For § 1A (joint), no pre-filing separation, but the judgment is nisi (provisional) for 120 days before becoming absolute. For § 1B (contested), the action cannot be heard until 6 months after filing. There is no requirement to live apart before filing.

Massachusetts is one of the strongest all-property equitable distribution states. Under M.G.L. ch. 208 § 34, the court can assign to either spouse ALL property — including premarital, inherited, and gifted property. The court considers 12 mandatory factors (length of marriage, conduct, age, health, station, occupation, vocational skills, employability, estate, liabilities, opportunity for future acquisition, and needs) plus 4 discretionary factors.

Massachusetts applies a best-interests standard under M.G.L. ch. 208 § 31. There is a presumption of shared legal custody at temporary orders, but no presumption for shared physical custody. Courts consider parents’ ability to communicate, history of domestic violence, and the child’s preference (if mature).

Massachusetts uses an Income Shares-based formula under the Child Support Guidelines (Trial Court Standing Order, updated periodically). Both parents’ gross incomes are applied to the schedule. Parenting time, childcare, and healthcare adjustments apply.

Yes. Custody can be modified on a material change in circumstances. Child support requires a 20%+ change in the guideline amount. Alimony modification under the Alimony Reform Act depends on the type — general term ends at retirement and the duration limit. Property division is final.

Why Do You Need a Family Law Attorney in Massachusetts?

Massachusetts allows no-fault divorce on irretrievable breakdown under M.G.L. ch. 208 §§ 1A (joint petition / uncontested) and 1B (contested no-fault). Residency is 1 year in Massachusetts if the cause occurred outside; if the cause occurred in Massachusetts and the parties lived together in the Commonwealth, residency at the time of filing suffices (M.G.L. ch. 208 § 5). Massachusetts is one of the strongest all-property equitable distribution states — the court can assign all property (including premarital, gifted, and inherited) to either spouse under M.G.L. ch. 208 § 34. The Alimony Reform Act of 2011 (M.G.L. ch. 208 §§ 48-55) overhauled alimony with duration caps and four categories. Custody is decided under best-interests factors at M.G.L. ch. 208 § 31.

When Do You Need a Family Law Attorney in Massachusetts?

Our network includes Massachusetts family law attorneys who handle every kind of case, including:

Types of Family Law Cases in Massachusetts

From the moment you connect with a Massachusetts family law attorney, they go to work protecting your claim. The most common case types we handle:

Treating premarital or inherited property as untouchable — Massachusetts § 34 is all-property equitable distribution

Hiding assets — Massachusetts probate and family court treat nondisclosure harshly

Posting on social media — Massachusetts courts routinely admit it

Communicating ex parte with the judge

Filing in Massachusetts when the child’s home state under UCCJEA is elsewhere

Missing the 1-year residency requirement when the cause arose outside Massachusetts

Treating premarital or inherited property as untouchable — Massachusetts § 34 is all-property equitable distribution

Hiding assets — Massachusetts probate and family court treat nondisclosure harshly

Posting on social media — Massachusetts courts routinely admit it

Communicating ex parte with the judge

Filing in Massachusetts when the child’s home state under UCCJEA is elsewhere

Missing the 1-year residency requirement when the cause arose outside Massachusetts

Common Massachusetts Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Massachusetts Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in Massachusetts are not handled on contingency. Massachusetts Rule of Professional Conduct 1.5(d)(1) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in domestic relations matters where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement. Massachusetts family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under M.G.L. ch. 208 § 38.

What Can Your Massachusetts Family Law Compensation Include?

Property Division

All-property equitable distribution under M.G.L. ch. 208 § 34 — court can reassign separate, premarital, inherited, and gifted property.

Alimony

Four types under the Alimony Reform Act of 2011 (M.G.L. ch. 208 §§ 48-55) — general term, rehabilitative, reimbursement, transitional. General term capped at: 50% marriages <5yr, 60% 5-10yr, 70% 10-15yr, 80% 15-20yr, indefinite 20+yr.

Child Support

Massachusetts Child Support Guidelines (Income Shares-based) with parenting time, childcare, and healthcare adjustments.

Custody and Parenting Time

Legal and physical custody under M.G.L. ch. 208 § 31, with shared legal custody presumed at temporary orders.

Attorney’s Fees

Massachusetts courts award fees under M.G.L. ch. 208 § 38 based on the parties’ financial resources and litigation conduct.

Protective Orders

209A Abuse Prevention Orders (M.G.L. ch. 209A) — emergency, ex parte, and 1-year orders (extendable to permanent).

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Massachusetts Family Law Attorneys

Why Do You Need a Family Law Attorney in Massachusetts?

When Do You Need a Family Law Attorney in Massachusetts?

Types of Family Law Cases in Massachusetts

Common Massachusetts Family Law Mistakes

How Much Do Massachusetts Family Law Attorneys Cost?

What Can Your Massachusetts Family Law Compensation Include?

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