1A Divorce Massachusetts: The Uncontested Joint Petition Process

A Section 1A divorce is the fastest and least expensive way to end a marriage in Massachusetts. Both spouses file together as co-petitioners under M.G.L. c. 208, Section 1A, agreeing that the marriage has suffered an irretrievable breakdown. No one serves anyone. No six-month waiting period. No trial.

The catch: you need a complete, notarized separation agreement resolving every issue before you file. Here is how the entire 1A process works.

Who Qualifies for a 1A Joint Petition

Both spouses must agree on three things:

1. The marriage is irretrievably broken
2. The terms of the separation — property division, alimony, custody, child support, and health insurance
3. To file together as joint petitioners

If you agree the marriage is over but cannot settle the terms, you are looking at a 1B contested filing instead. A 1A petition requires a fully executed separation agreement at the time of filing (or within 90 days, though courts strongly prefer it upfront).

Required Documents

Your 1A filing package must include:

• Joint Petition for Divorce (Form CJD-101A) signed by both spouses
• Notarized Separation Agreement covering property, support, custody, and all other terms
• Affidavit of Irretrievable Breakdown — a joint or individual notarized statement
• Certified copy of the marriage certificate
• Report of Absolute Divorce (R-408) for the Registry of Vital Records
• Rule 401 Financial Statement (short form under $75,000 income, long form at or above)
• Military Affidavit

If you have minor children, add the Child Care or Custody Disclosure Affidavit and Child Support Guidelines Worksheet (CJD 304).

Filing and Fees

File in person, by mail, or through eFileMA at the Probate and Family Court in the county where you last lived together as a couple. The total cost is $215 — a $200 filing fee plus a $15 surcharge. No summons fee applies because there is no service of process.

If either spouse qualifies for an Affidavit of Indigency (receiving public assistance, income below 125% of poverty guidelines, or inability to pay without hardship), the entire fee is waived.

The 1A Hearing

Once the Register of Probate reviews and accepts your packet, the case is placed on an expedited hearing list. Both spouses must attend the hearing — in person or virtually — unless a judge grants a motion to waive attendance for one party.

At the hearing, the judge reviews the separation agreement to confirm it makes "proper provisions" for custody, support, alimony, and property division. The hearing itself is typically brief — often 15 to 30 minutes — focused on confirming both parties understand and voluntarily accept the terms.

If the judge approves the agreement, a formal order of approval is entered.

The Nisi Timeline

After approval, the 1A track follows a two-phase waiting period:

• 30 days from the approval order to the entry of Judgment Nisi
• 90 days from Judgment Nisi to Judgment Absolute

Total: 120 days from the hearing to your divorce being final.

During this period, either party can request to withdraw the petition. You remain legally married — you cannot remarry, and your tax filing status stays "married" if the nisi has not become absolute by December 31 (per Massachusetts Directive 89-3).

Getting Your Final Paperwork

The court does not mail you the Certificate of Divorce Absolute automatically. Once the 90-day nisi period expires, you must request certified copies using Form PFC 18 and pay a $20 fee per certificate. You will need this document for remarriage, name changes, and updating financial accounts.

Common 1A Mistakes to Avoid

• Filing without a notarized separation agreement — courts may dismiss your petition if the agreement is not submitted within 90 days
• Incomplete financial statements — both spouses must file Rule 401 disclosures even in an uncontested case
• Missing the Child Care Disclosure Affidavit when minor children are involved
• Assuming the divorce is final after the hearing — the 120-day nisi period still applies

The Massachusetts Divorce Filing Process Guide includes step-by-step checklists for the entire 1A pathway, from drafting your separation agreement through requesting your Certificate of Divorce Absolute.

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