How to File for Divorce in Massachusetts

Complete guide to Massachusetts divorce process, forms, and requirements for 2025
90-Day Nisi Period
$215 Filing Fee
1-Year Residency

Steps to File for Divorce in Massachusetts

1

Meet Residency Requirements

One spouse must have been a Massachusetts resident for at least 1 year, or you lived as a couple in MA and the divorce grounds arose here.
2

Choose Divorce Type

File for 1A (joint petition, uncontested) or 1B (contested) divorce. Massachusetts allows no-fault (irretrievable breakdown) divorce.
3

File the Complaint

File Joint Petition (1A) or Complaint for Divorce (1B) with the Probate and Family Court in your county.
4

Serve Your Spouse (1B only)

For 1B divorces, serve your spouse with the complaint. They have 20 days to respond.
5

Complete Disclosures

Exchange Financial Statements and other required documentation.
6

Attend Final Hearing

Attend the Nisi hearing. The divorce becomes final 90 days after the Judgment of Divorce Nisi.

Massachusetts Divorce Requirements

Residency Requirement

1 Year
One spouse must have been a Massachusetts resident for at least 1 year.

Nisi Period

90 Days
Divorce is final 90 days after the Judgment of Divorce Nisi is entered.

Filing Fees

$215
Filing fee is $215. Fee waivers available for qualifying individuals.

Required Massachusetts Divorce Forms

CJ-D 101A Joint Petition
For uncontested divorce
CJ-D 101B Complaint
For contested divorce
Financial Statement
Income under or over $75,000
R-408 Certificate of Divorce
Statistical information
Parenting Plan
Custody arrangement if applicable

Filing Options in Massachusetts

In-Person Filing

  • File at Probate and Family Court
  • County courthouse
  • Court Service Center help
  • Pay fee at filing
  • Get file-stamped copies

E-Filing

  • Massachusetts e-filing available
  • File from any location
  • Electronic fee payment
  • Track case online
  • Receive notifications

1A vs 1B Divorce in Massachusetts

1A Divorce (Joint Petition)

  • Both spouses agree on all terms
  • File together as co-petitioners
  • Submit signed separation agreement
  • Single hearing to finalize
  • Faster and less expensive
  • Most common for amicable divorces

1B Divorce (Contested)

  • One spouse files complaint
  • Spouse must be served
  • For disputed issues
  • Multiple court appearances
  • Discovery process required
  • Takes longer and costs more

Important Things to Know

Massachusetts follows equitable distribution for property division. The unique "Nisi" period means your divorce is not final for 90 days after the court enters judgment, during which either party can request changes.

Massachusetts-Specific Considerations

  • Massachusetts is an equitable distribution state
  • 90-day "Nisi" waiting period after judgment
  • 1A (uncontested) vs 1B (contested) procedures
  • No-fault divorce available
  • Mediation encouraged

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