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Filing for divorce in Massachusetts

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Massachusetts court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
CJD-101A Joint Petition for Divorce, signed by both spouses, for the 1A track
CJD-101B Complaint for Divorce plus a summons, for the 1B track
Joint Affidavit of Irretrievable Breakdown
Separation Agreement, notarized, covering property, debt, alimony, and health insurance
CJD-301S or CJD-301L Financial Statement, short form under $75,000 income, long form at or above
R-408 Record of Absolute Divorce, a statistical form for vital records
Certified marriage certificate, from the city or town where you married
OCAJ-1 TRC IV care and custody affidavit, CJD-304 child support worksheet, and a parent education certificate, if you have children
Where you fileProbate and Family Court. If either of you still lives in the county where you last lived together, file there.
What it costsAbout $215 for a 1A, or $220 for a 1B because of the summons, plus a constable for service. Waivable with an Affidavit of Indigency.
The sequence
1. Choose your track. A 1A is a joint petition where you agree on everything up front. A 1B is filed by one spouse, and your spouse has 20 days to respond.
2. Complete both financial statements, then write the separation agreement and sign it before a notary.
3. Order a certified copy of your marriage certificate and fill out the R-408.
4. If you have children, complete the parent education program unless the court waives it, and file the certificate.
5. File everything with the Probate and Family Court, in person, by mail, or online.
6. Attend the hearing. Both spouses must appear unless the court waives it, then the nisi period runs before the divorce is truly final.
Remember the nisi period: 120 days after a 1A, 90 days after a 1B. You are still legally married during it and cannot remarry. Confirm current fees with the court.
Court forms

Massachusetts handles divorce in the Probate and Family Court. An uncontested 1A joint petition uses Form CJD-101A plus a notarized Separation Agreement and financial statements (CJD-301); a contested 1B uses Form CJD-101B. Filing fees run about $215 to $305 by division, waivable with an Affidavit of Indigency.

Mass.gov: how to file for divorceThe Commonwealth's official step-by-step guide with the CJD-101 forms and financial statements.
MassLegalHelp: divorce self-helpFree plain-language instructions for filing a 1A joint petition, including fee waivers.
State rules and gotchas

The "nisi" period means you are still married after the judge signs off Verified Jul 2026

A Massachusetts divorce is not final when the judge approves it. A nisi waiting period runs first: 120 days for an uncontested 1A joint petition, 90 days for a 1B. You cannot remarry, and banks and the IRS still treat you as married, until the divorce becomes absolute.

Source: M.G.L. c. 208 and Mass.gov. Confirm the current rule with the court before relying on it.

You need a full year of residency, and even an uncontested divorce requires a hearing Verified Jul 2026

Unless the breakdown happened in Massachusetts, at least one spouse must have lived here a continuous year before filing, and you cannot move here just to divorce. Massachusetts also makes both spouses appear in person at a final hearing, even for a fully agreed 1A.

Source: M.G.L. c. 208 Sections 4 and 5. Confirm with the court.

Everything is on the table, including inheritances and premarital assets, and conduct counts Verified Jul 2026

Massachusetts equitable distribution can divide all property, including gifts, inheritances, and assets owned before the marriage. And unlike many states, the court is required to weigh each spouse's conduct during the marriage when splitting property.

Source: M.G.L. c. 208 Section 34. Confirm with the court.

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