What are Massachusetts Divorce Records?

Massachusetts divorce records are legal documents that provide evidence of divorce events that occurred within the state. In 2022, the state documented a divorce rate of 1.4 per 1,000 residents, lower than the national average of 2.4 per 1,000.

Under Massachusetts state laws, marriages are either terminated through divorce or annulment. Annulment is the dissolution of marriages that violate the state or federal statutes. For instance, Massachusetts courts will annul marriages in which the parties are blood relatives. Annulment may also occur due to these reasons:

• One of the parties was mentally unfit at the time of marriage.
• One of the parties was already married.

However, divorce only applies to the termination of a valid legal union. Under Mass. G.L. c.208, common reasons for divorce may include the following:

• Impotency
• Adultery
• Confirmed intoxication due to an excessive use of alcohol and drugs 
• Refusal to support or provide maintenance for the other spouse
• Cruel or abusive treatment of the other spouse.

In Massachusetts, citizens may file for the following types of divorce:

• Contested or uncontested
• Fault or no-fault

A contested divorce occurs when the parties do not agree with the divorce terms, while an uncontested divorce means there is no contention about the divorce agreement. 

Alternately, a fault divorce is filed when one or both parties are responsible for the marriage's failure. In contrast, a no-fault divorce occurs when both parties are not at fault but choose to dissolve the union.

Depending on the type of divorce, there are different procedures for filing a divorce in Massachusetts. For instance, couples may commence a no-fault divorce by filing the following documents with the probate court clerk:

• A joint petition filed by the couples and their attorneys.
• A sworn affidavit stating the reasons for the divorce
• A notarized statement that no summons is required.

The court judge will then schedule a hearing for the settlement agreement. Within 30 days after the hearing, the court typically determines if there are valid reasons for the divorce and whether the divorce agreement covers alimony, child support, and the division of marital properties. Next, the court will approve the divorce and grant a divorce nisi after investigating the divorce agreement. The court will appoint an attorney and other entities to investigate the couples’ claims.

Note: A divorce nisi is a temporary court order that grants a divorce. It becomes final or absolute after a specific waiting period. For instance, a judgment nisi for a fault divorce has a 90-day waiting period.

Certain factors, such as imprisonment and death, may affect a divorce. Under Massachusetts laws, courts will automatically grant a divorce if either party has been sentenced to more than five years in a federal penal institution.

Are Divorce Records Public in Massachusetts?

Divorce records are mostly publicly accessible under Massachusetts Public Record Laws. The state laws permit public access to divorce records. Furthermore, it determines the record custodian and procedures for accessing such records. Per the state laws, local probate and family courts are the designated custodians of divorce records. The court maintains and discloses the documents to interested public members. 

Note: Citizens must fulfill the set requirements to access records at the probate and family court records. For instance, the probate and family courts may charge fees for producing physical copies of court documents.

Besides the probate court, citizens may find divorce notices in local newspapers. Probate court judges may publish the notice if the defendant is absent.

Although divorce records are generally public documents, the court may redact confidential information. For instance, the court will restrict access to information that may violate the record subject’s right to safety or privacy.

Third-party resources may serve as repositories for finding divorce records. Such sites are typically easy to use and do not have limitations common to official resources. For instance, they do not restrict users based on their location. Despite the perks of third-party sites, they are mostly unregulated and may not feature updated court data.

What Types of Divorce Records are Available in Massachusetts?

In Massachusetts, the three types of divorce records are divorce absolute, divorce judgment nisi, and divorce separation agreement certificates. 

Divorce absolute certificates, also called divorce decrees, are court orders that legally end a marriage. Citizens may obtain such records at the court that granted the divorce.

In contrast, divorce nisi certificates are court documents that grant a conditional divorce, which later becomes absolute after a specific waiting period. These documents may include the following details:

• The petitioners’ names
• Register of probate court’s name and signature
• The waiting period.

Unlike other divorce record types, a separation agreement outlines the duties and obligations of both parties after the divorce. Such documents are typically publicly accessible and may provide information on the following:

• Spousal support
• Property division
• Debt Responsibility
• Child custody.

The probate and family court clerk may release certified or plain copies of divorce records. A certified copy contains the court seal and it is important for enforcing divorce terms like spousal support and child custody. In contrast, plain copies are basically photocopies of divorce certificates. The documents have no legal use but are important for personal and genealogical purposes.

Note that the court does not restrict access to certificates or plain copies of divorce records. All public members have the right to request either of these document types.

How Do I Get Divorce Records in Massachusetts?

In Massachusetts, interested persons or entities may get divorce records by following these steps:

Step 1: Determine the government entity holding the record

The county probate and family court’s clerk is the appointed custodian of divorce events. The clerk oversees all divorces granted in the county of jurisdiction. Alternatively, record seekers may look at divorce records online via the state’s Trial Court Case Access portal.

Step 2: Gather the necessary documents required for accessing the record

To obtain copies of divorce records, record seekers must provide a request that contains the docket number, case type, and case party’s names. Better still, requesters may use the state’s request form to access the records. In addition, 

Step 3: Attach the required fees to the request

In Massachusetts, obtaining a divorce certificate generally costs $20. Record seekers must submit the fees in any preferred payment type for in-person requests. However, the clerk only accepts money orders or checks in email-based request options. 

Step 4: Submit the request in person or via mail to the probate court clerk

Record seekers may find the courts’ locations on their official websites. The addresses are usually located in the “Contact Us” section or at the bottom page of the websites. The state’s official website also maintains a directory of all probate court locations.

The probate and family courts attend to in-person requests during open hours. Record seekers may provide a valid ID when requesting confidential or sensitive divorce information.

Note: Massachusetts probate courts may deny or restrict access to divorce records that contain specific information. For instance, the case party’s financial information and mental health status are exempt from public access. The court may release such confidential data to the record subject or their legal representatives.

Who Can Obtain Divorce Records in Massachusetts?

Under Massachusetts public records laws, almost everyone has the legal right to access divorce records created in the state. The general public may also access both certified and informational copies of divorce records.

The state does not restrict access to divorce records unless they contain financial records, mental health status, and information about minors or abuse victims. In this case, only the record subjects, their attorneys, or legal representatives may obtain such records.

Are Massachusetts Divorce Records Available Online?

Massachusetts divorce records are available online through the state’s Trial Court Case Access (TCCA) portal. The online repository maintains state-level access to all divorce court cases that were tried in local courts. Furthermore, the portal provides access to court case information, such as the case parties’ names, docket numbers, status, and court summaries. To use the portal, record seekers must select a case search option and fill out relevant search information. Available case search options include the following:

• Search by case party’s name
• Search by case type
• Search by ticket or citation number
• Search by case number.

How Do I Seal My Divorce Records in Massachusetts?

In Massachusetts, you may seal divorce records by petitioning the court that granted the divorce. The court judge will grant the petition if the record contains information that may violate the concerned party’s right to privacy or safety. Note that sealed divorce records will remain visible to court officials.

What divorce information may I seal in Massachusetts?

You may seal the following divorce information in Massachusetts:

• Financial data
• Personal information about minors and victims of abuse
• Information about the mental health of involved parties.

How may I request a sealed divorce record in Massachusetts?

Only the record subject, legal representatives, or authorized attorneys may request a sealed divorce record. Eligible record seekers may access sealed divorce records by sending a mail or in-person request to a probate and family court. The request must include a completed request form and a valid ID. The ID serves as evidence of the requester’s right to obtain sealed records.

What are the implications of sealing divorce records?

In Massachusetts, sealing a divorce record may have the following effects:

• It protects the record subject’s financial information
• It safeguards against identity theft.
• It protects the privacy of abused victims and minors.