How Do You File for Divorce in Massachusetts If You Have Kids and a House?

A question we often hear is: “I want to file for divorce in Massachusetts, but I’m not sure how. We have children and own a home, but no other major assets. What are the rules, how do they divide property, and what happens with custody?”

Divorce Basics in Massachusetts

• Residency requirement

  • At least one spouse must have lived in Massachusetts for one year before filing, or the grounds for divorce must have occurred while living in the state.

• Grounds

  • Massachusetts allows both no-fault divorce (irretrievable breakdown) and fault-based grounds.

• Where to file

  • You’ll typically file in the Probate and Family Court for your county—whether in Boston, Worcester, Springfield, or smaller towns across the state.

• Process overview

  • Petition → service → financial disclosures → temporary orders if needed → settlement or trial → final judgment.

Do You Need a Lawyer to Get a Divorce in Massachusetts?

• Not required, but strongly recommended with children and a house involved.

• How a lawyer or mediator helps

  • Drafting parenting plans that the court will approve.

  • Handling property and home valuations.

  • Advising on spousal support, custody rights, and tax implications.

  • Ensuring fairness when dividing all types of property, even assets acquired before marriage.

How Much Does It Cost to Get a Divorce in Massachusetts?

• Court filing fees plus service fees.

• Attorney or mediator costs, which rise with contested issues.

• Home appraisals or financial experts if needed for accurate division.

• Costs for parenting classes or guardian ad litem appointments if custody is highly contested.

What About the House & Property Division for Divorce in Massachusetts?

• Massachusetts uses equitable distribution—property is divided fairly, not necessarily equally.

• The state has an “all property” approach: courts may consider all property owned by either spouse.

• Factors courts consider:

  • Length of the marriage.

  • Contributions of each spouse, including homemaking and child care.

  • Each spouse’s income, debts, and employability.

  • Custodial arrangements and children’s needs.

• Options for the house include: selling and splitting proceeds, one spouse buying out the other, or awarding one spouse the house with offsets elsewhere.

Custody, Parenting Time & Child Support for Divorce in Massachusetts

• Custody is decided based on the best interests of the child.

• Legal custody (decision-making) and physical custody (living arrangements) can be sole or shared.

• Parenting time is arranged to encourage ongoing relationships with both parents.

• Child support is calculated using Massachusetts’ guidelines, based on income and children’s needs.

Things You Must Know About Getting Divorced in Massachusetts!

• Even property owned before marriage may be considered during division.

• Staying in the home with children may influence outcomes.

• Custody orders can be modified later if circumstances change.

• Non-financial contributions like caregiving are weighed heavily.

• Maintenance and child support can be adjusted based on income changes.

A Gentle Reminder About Divorce in Massachusetts

This post is for educational purposes only and is not legal advice. Massachusetts law has unique complexities, and outcomes vary by county, from Boston to Springfield to Worcester.

At Fresh Starts, you can search our Expert Guide by state to find Massachusetts-based divorce attorneys, mediators, real estate experts, and child custody professionals who can help you protect your kids, your home, and your peace of mind.