Massachusetts Residency Requirements
Residency requirements for filing for divorce in Massachusetts. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
12
months minimum
County Residency
months minimum
Note: Under M.G.L. Chapter 208, Section 5, a divorce may be filed in Massachusetts if either spouse has lived in the state for at least one year prior to filing. Alternatively, if the cause of the divorce (the grounds) occurred within Massachusetts and the filing spouse still resides in the state at the time of filing, the one-year requirement does not apply. The action must be filed in the Probate and Family Court for the county where one of the parties lives, with preference for the county where the parties last lived together if either still resides there (Section 6).
Massachusetts Residency Requirements Explained
Before you can file for divorce in Massachusetts, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of Massachusetts for a minimum of 12 months prior to filing your petition.
In addition to the state requirement, Massachusetts also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in Massachusetts as long as you personally meet the requirement.
How to Prove Massachusetts Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid Massachusetts driver's license or state ID
Active voter registration in Massachusetts
Current lease agreement or mortgage for a Massachusetts address
Massachusetts state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in Massachusetts
Bank statements showing a Massachusetts address
Vehicle registered in Massachusetts
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet Massachusetts's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in Massachusetts if:
- •They are currently stationed in Massachusetts
- •They maintain Massachusetts as their legal domicile (home of record)
- •Their spouse lives in Massachusetts
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to Massachusetts?
Start your countdown. Note the date you moved to Massachusetts. You can file after 12 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your Massachusetts divorce paperwork now so you can file the day you meet residency requirements.
Where to File in Massachusetts
Once you meet Massachusetts's residency requirements, you must file for divorce in the correct court. In Massachusetts, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 12-month state residency requirement
- ✓Confirm you meet the -month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county