Where can I file my divorce? (Venue)

There are 14 county probate and family court venues in Massachusetts comprising of 28 different probate and family court locations.  So if you’re going to file a divorce in Massachusetts, you need to figure out where to go.

The scenarios below all assume that you have met the 1-year residency requirement to file for a divorce in Massachusetts.

Both Parties Live in Same County

You live in Middlesex county, your spouse lives in Middlesex county and you both lived together last in Middlesex county.

You file your divorce in Middlesex county probate and family court.

Both Parties Live in Massachusetts Counties

You live in Middlesex county, your spouse lives in Suffolk county and you both lived together last in Suffolk county.

You file your divorce in Suffolk county because 2 out of the 3 counties listed is in Suffolk.

Both Parties Recently Moved to Massachusetts

You live in Norfolk county, your spouse lives in Bristol county and you both lived together last in the State of New York.

You can file your divorce either in Norfolk county or Bristol county.

One Party Recently Moved Out of State

You live in Norfolk county, your spouse lives in the State of New York and you both lived together last in Worcester county.

You file your divorce in Norfolk county.

Both Parties Live in Massachusetts

You live in Suffolk county, your spouse lives in Middlesex county and you both lived together last in Norfolk county.

You can file your divorce either in Suffolk county or Middlesex county.  Where you both last lived together does not matter in this scenario.

Married in Massachusetts, Now Both Out of State

You and your spouse were married in Boston, Suffolk county. You now live in the State of Florida and your spouse lives in the State of New York.

You cannot file for a divorce in Massachusetts even though you were married here because neither you or your spouse have lived in Massachusetts 1-year prior to filing.