Massachusetts Divorce Filing Fees and How to Get a Fee Waiver

The Probate and Family Court charges a standardized statewide fee for divorce filings. It is not cheap, but it is predictable — and if you cannot afford it, Massachusetts has a clear process for getting the entire amount waived.

Here is the complete fee breakdown for every pathway.

Standard Filing Fee Schedule

These are the base costs for getting your case filed with the court. But several additional costs come up during the process.

Additional Costs Beyond the Filing Fee

eFiling surcharge: If you file electronically through eFileMA instead of in person or by mail, the portal charges a non-refundable $22 processing fee plus standard credit card convenience charges.

Service of process (1B and fault cases only): A sheriff or constable must hand-deliver the summons to your spouse. Fees vary by county but typically run $50 to $100 depending on travel distance and the officer's schedule.

Service by publication: If your spouse cannot be located and the court approves alternative service, you will pay newspaper publication fees — typically $100 to $300 depending on the publication and number of required insertions.

Certified copies: The court charges $20 per certified copy of the Certificate of Divorce Absolute. You will need at least one for remarriage, name changes, or financial transactions.

Parent education (contested cases with children): The mandatory "Two Families Now" co-parenting course costs $49 per parent.

Modification filings: Post-divorce complaints to modify child support or custody cost $50. Modifications of non-child-related orders (alimony, property) cost $150.

How to Get a Fee Waiver

Massachusetts law (M.G.L. Chapter 261, Sections 27A-27G) allows litigants to request a waiver of all court fees by filing an Affidavit of Indigency. If approved, the waiver covers the filing fee, surcharge, summons fee, sheriff service costs, and even the parent education course fee.

Who Qualifies

You must fall into one of three categories:

Category A — Public Assistance: You currently receive benefits under TAFDC, EAEDC, MassHealth (Medicaid), SSI, or Massachusetts Veterans Benefits. If you provide proof of active benefits, the waiver is typically automatic.

Category B — Income Below 125% of Poverty Guidelines: Your net household income (gross minus taxes) falls at or below 125% of the Federal Poverty Guidelines, as posted annually by the Supreme Judicial Court. The threshold changes each year, so check the current court-published figures.

Category C — Hardship: You do not qualify under A or B, but paying the fees would deprive you or your dependents of food, shelter, or clothing. If you apply under Category C, you must also complete a Supplement to the Affidavit of Indigency with detailed financial information.

What the Waiver Covers

An approved Affidavit of Indigency waives:

• The $200 filing fee and $15 surcharge
• The $5 summons charge
• Sheriff or constable fees for serving the initial complaint
• Newspaper publication fees for alternative service (if you check the corresponding box on the form)
• The $49 "Two Families Now" parent education fee

How to File

If filing in person or by mail, submit the completed Affidavit of Indigency with your divorce paperwork. A judge or register of probate reviews it and decides.

If filing through eFileMA, upload the executed affidavit and select "waiver" in the payment section. The system removes all processing fees, showing a $0 balance. If the court later rejects the affidavit, you will be contacted to pay the standard fees.

Budgeting for a Massachusetts Divorce

For an uncontested 1A divorce with no fee waiver, the minimum out-of-pocket cost is $215 (filing only). For a contested 1B divorce, budget at least $320 — the $220 filing fee plus service of process.

These are just court costs. Attorney retainers in Massachusetts typically range from $5,000 to $15,000, and contested cases with representation can run $10,000 to $75,000 or more. That is precisely why many people file pro se — and why understanding the fee structure matters.

The Massachusetts Divorce Filing Process Guide includes a complete cost worksheet that tracks every fee from initial filing through your Certificate of Divorce Absolute.

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