1B Divorce Massachusetts: How the Contested Filing Process Works

A Section 1B divorce is the pathway you take when your spouse will not cooperate, will not negotiate, or simply will not agree. Filed unilaterally under M.G.L. c. 208, Section 1B, it lets one spouse initiate the divorce without the other's consent — but it comes with a mandatory six-month waiting period, formal service of process, and a significantly longer timeline than the joint 1A track.

Here is how the contested process works from filing through final judgment.

When You Need a 1B Filing

You file under Section 1B when:

• Your spouse refuses to agree to a divorce
• You both agree the marriage is over but cannot settle the terms (property, custody, support)
• Your spouse is unreachable or uncooperative
• You need to start the statutory clock immediately

The ground is the same as a 1A — irretrievable breakdown of marriage. But instead of filing together, you file a Complaint for Divorce as the plaintiff, and your spouse becomes the defendant.

Filing the Complaint

Your 1B filing package includes:

• Complaint for Divorce under Section 1B (Form CJD-101B)
• Certified copy of your marriage certificate
• Report of Absolute Divorce (R-408)
• Rule 401 Financial Statement
• Military Affidavit
• Child Care or Custody Disclosure Affidavit (if minor children are involved)

File at the Probate and Family Court in the county where you and your spouse last lived together, provided one of you still resides there. The total filing cost is $220 — the $200 filing fee, $15 surcharge, and $5 summons fee.

Serving Your Spouse

After the court processes your complaint, the Registry issues a Domestic Relations Summons and mails it to you. You cannot serve the papers yourself. A sheriff or constable in the county where your spouse resides or works must hand-deliver the summons and a copy of the complaint.

Service must be "in hand" — meaning directly to your spouse — unless a court order permits otherwise. The sheriff completes a Return of Service on the back of the original summons, which you then file with the court.

If you cannot locate your spouse after a diligent search, you can file a Motion for Service by Alternate Means (Form CJP 31) requesting permission for service by publication in a court-approved newspaper.

Your Spouse's Response Window

Once served, the defendant has exactly 20 days to file an Answer to Complaint for Divorce (Form CJD 201). The Answer must include a Certificate of Service confirming delivery to the plaintiff.

If the defendant wants different terms — a different custody arrangement, a different support amount — they can file a Counterclaim for Divorce (Form CJD 202) alongside the Answer.

If the defendant does not respond within 20 days, the case can proceed toward a default judgment.

The Six-Month Statutory Waiting Period

This is the critical difference from a 1A filing. Under Massachusetts law, a hearing on a 1B divorce cannot take place sooner than six months from the date of filing, unless the court grants a specific consolidation waiver.

During this period, both parties exchange financial disclosures under Rule 410, negotiate terms, and may attend court-ordered mediation. If the parties reach an agreement, they can convert the contested 1B filing into an uncontested 1A proceeding — skipping the trial and significantly simplifying the final hearing.

Parent Education Requirement

If minor children are involved, both parents must complete the "Two Families Now" co-parenting education course. This is mandatory for 1B filings under Standing Order 3-23. The course costs $49 per parent, must be completed within specific deadlines, and the certificate of completion must be filed with the court.

Unlike 1A joint petitions, which are exempt from mandatory parent education, 1B filers have no opt-out unless the court grants a specific waiver.

Final Hearing and the Nisi Period

If the parties cannot settle, the case goes to trial. The judge evaluates evidence under M.G.L. c. 208, Section 34 and issues a final judgment. Unlike the 1A track, the Judgment Nisi enters immediately after the judge's decision — no 30-day delay.

The nisi period for a 1B divorce is 90 days. After that, the divorce becomes final as a Judgment Absolute. You must request your Certificate of Divorce Absolute from the court (Form PFC 18, $20 per copy).

What to Expect in Terms of Timeline

• Filing to earliest possible hearing: 6 months minimum
• Nisi period after judgment: 90 days
• Total minimum: 9 months from filing to final divorce

In practice, contested cases with disputes over custody, support, or property division can take 12 to 24 months or longer.

The Massachusetts Divorce Filing Process Guide covers every stage of the 1B process — from filing your complaint through the nisi period — with checklists, financial disclosure trackers, and timeline worksheets.

See more Massachusetts guides →