How to File for Divorce in Massachusetts

Filing for divorce in Massachusetts means navigating the Probate and Family Court system, and the process looks different depending on whether you and your spouse agree on terms. Massachusetts is a no-fault state — the only ground you need is "irretrievable breakdown of marriage" under M.G.L. c. 208 — but the filing pathway you choose determines your timeline, paperwork, and costs.

Here is the actual sequence of steps, from confirming you meet residency requirements through getting your final judgment.

Confirm You Meet the Residency Requirements

Massachusetts requires one of two residency tests under M.G.L. c. 208, Section 5:

• One-year continuous residency: If the breakdown of your marriage happened outside Massachusetts, you must have lived in the state continuously for at least 12 months before filing.
• Local cause and domicile: If the breakdown happened while you were living in Massachusetts as a married couple, the one-year requirement is waived. You just need to be domiciled in the state when you file.

You will file in the Probate and Family Court for the county where you and your spouse last lived together, as long as one of you still lives in that county. If both of you have moved, file in the county where either of you currently resides.

Choose Your Filing Pathway: 1A or 1B

This is the most important decision in the process:

Section 1A (Joint Petition — Uncontested): Both spouses agree the marriage is over and submit a joint petition together. You must file a notarized separation agreement resolving all issues — property division, alimony, custody, and support — at the time of filing. No service of process is required because both parties are co-petitioners.

Section 1B (Complaint — Contested): One spouse files unilaterally. This pathway applies when the other spouse does not agree to the divorce, or when both agree it is over but cannot settle the terms. You must formally serve the complaint on your spouse through a sheriff or constable. A 1B hearing cannot take place sooner than six months from the filing date.

Massachusetts also permits fault-based divorces under M.G.L. c. 208, Section 1, with seven grounds including adultery, desertion, and cruel and abusive treatment — but the vast majority of filers use the no-fault tracks.

Assemble Your Filing Documents

Every divorce filing requires these core documents:

• Joint Petition (CJD-101A) or Complaint for Divorce (CJD-101B) depending on your pathway
• Certified copy of your marriage certificate from the city or town clerk where the marriage took place
• Report of Absolute Divorce (R-408) — a statistical form for the Registry of Vital Records
• Rule 401 Financial Statement — the short form if you earn under $75,000/year, the long form if you earn $75,000 or more
• Military Affidavit confirming the defendant's military status

If you have children under 18, you will also need a Child Care or Custody Disclosure Affidavit and a Child Support Guidelines Worksheet (CJD 304).

For 1A filings, you must include a notarized separation agreement and an Affidavit of Irretrievable Breakdown.

File and Pay Fees

Submit your package in person at the county courthouse, by mail, or electronically through eFileMA. The standard fees:

• 1A joint petition: $215 ($200 filing fee + $15 surcharge)
• 1B complaint: $220 ($200 filing fee + $15 surcharge + $5 summons fee)
• eFiling: add a $22 processing fee

If you cannot afford the fees, you can file an Affidavit of Indigency to request a waiver covering the filing fee, summons charge, and even sheriff service costs.

Serve Your Spouse (1B Only)

For 1B filings, the court issues a Domestic Relations Summons after processing your complaint. You cannot serve the papers yourself — a sheriff or constable must hand-deliver them to your spouse. Once served, your spouse has exactly 20 days to file an Answer.

If you cannot locate your spouse, you can petition the court for service by publication through a Motion for Service by Alternate Means (Form CJP 31).

Navigate the Nisi Period

Massachusetts does not finalize a divorce the moment a judge signs off. Instead, the court enters a "judgment nisi" — a conditional judgment — followed by a statutory waiting period:

• 1A track: 30 days from the hearing order to judgment nisi, then 90 more days to judgment absolute (120 days total)
• 1B/fault track: Judgment nisi enters immediately after the final hearing, then 90 days to judgment absolute

During the nisi period, you are still legally married. You cannot remarry, and your tax filing status remains married for the calendar year if the nisi has not become absolute by December 31.

The court does not automatically mail you the final decree — you must request a Certificate of Divorce Absolute using Form PFC 18 and pay a $20 copy fee.

What Comes Next

The filing process involves real deadlines and procedural requirements that, if missed, can delay your case by months. The Massachusetts Divorce Filing Process Guide walks through every step from initial filing through the nisi period, with checklists, document trackers, and timeline worksheets to keep your case on track.

See more Massachusetts guides →