Uncontested Divorce in MA: Requirements, Process, and Costs

An uncontested divorce in Massachusetts is called a Section 1A Joint Petition. Both spouses file together, present a signed separation agreement that resolves every issue, and attend a hearing. The filing fee and surcharge total $215 as of 2026, and the divorce becomes final 120 days after the court enters the order approving it. Here is what you need to qualify, what documents to prepare, and how the timeline works.

What "Uncontested" Means in Massachusetts

Massachusetts doesn't use the term "uncontested divorce" in its statutes. Instead, it offers two filing paths under M.G.L. c. 208:

• Section 1A (Joint Petition) — both spouses agree on everything and file together. This is the uncontested path.
• Section 1B (Complaint for Divorce) — one spouse files alone, and the other is served. This is the route used when the spouses are not ready to file jointly with a complete agreement.

A divorce qualifies as uncontested (1A) only when both spouses agree on every term before filing: property division, debt allocation, alimony, child custody, child support, and health insurance. If any issue remains unresolved, you cannot use the 1A path unless you settle it before filing.

There's no minimum separation period for a 1A filing. You don't need to live apart or prove fault. The ground for a 1A petition is "irretrievable breakdown of the marriage."

Eligibility Requirements

To file a 1A Joint Petition:

• Residency: You can file if you have lived in Massachusetts for one year. You may also qualify without waiting a year if the reason the marriage ended happened in Massachusetts and you lived in the state as a married couple.
• Agreement: You and your spouse must agree on all terms — property, support, custody, everything — and put that agreement in writing as a notarized separation agreement.
• Joint filing: Both spouses sign the petition. No one serves anyone.

The length of the marriage, number of children, or complexity of the assets does not by itself decide whether a case can use the 1A path. What matters is whether both spouses can submit a complete agreement for the court to review.

Documents You Need

The core documents are:

• Joint Petition for Divorce (Form CJD-101A) — signed by both spouses
• Notarized Separation Agreement — covering property division, alimony, custody, child support, health insurance, and any other terms; if it is not filed with the petition, it must be filed within 90 days
• Affidavit of Irretrievable Breakdown — a joint or individual notarized statement
• Certified copy of your marriage certificate
• Report of Absolute Divorce or Annulment (R-408) — for the Registry of Vital Records

Before the court schedules the hearing, each spouse should also file a Rule 401 Financial Statement. As of 2026, use the Short Form if annual income before taxes is under $75,000 and the Long Form if it is $75,000 or more.

If you have minor children, you also need:

• Child Care or Custody Disclosure Affidavit — one signed by each spouse
• Child Support Guidelines Worksheet (CJD 304) — if child support is being addressed

Other documents may be needed in special circumstances. Check the current Mass.gov 1A instructions and your Probate and Family Court division before filing.

Filing Fees

As of 2026, the total court charge to file a 1A Joint Petition is $215 — a $200 filing fee plus a $15 surcharge. Because both spouses file jointly, there's no summons fee or service-of-process cost.

If both spouses cannot afford the fees, they can apply for indigency. Eligibility includes receiving certain public assistance, having after-tax income at or below 125% of the current federal poverty guideline, or being unable to pay without depriving themselves or their dependents of necessities.

Where to File

File at the Probate and Family Court in 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 spouse currently resides.

Massachusetts has 14 Probate and Family Court divisions. You can file in person, by mail, or electronically through the eFileMA system.

The Separation Agreement

The separation agreement is the core of a 1A filing. The spouses propose how to resolve property, support, and parenting issues, but the court must decide whether the agreement covers the necessary issues and is fair to both people.

Your agreement should address:

• Property division — who keeps what, how jointly owned assets (house, vehicles, bank accounts) will be divided or sold
• Retirement accounts — 401(k)s, pensions, and IRAs. Some employer plans require a Qualified Domestic Relations Order (QDRO) or another plan-specific order; requirements and timing vary by plan
• Alimony — amount, duration, and whether it terminates on remarriage or cohabitation. Massachusetts caps general-term alimony duration based on length of marriage (e.g., up to 60% of the marriage length for marriages longer than 5 years and up to 10 years, subject to statutory exceptions)
• Child custody and parenting time — legal custody (decision-making) and physical custody (where the child lives), plus a parenting schedule
• Child support — calculated using the Massachusetts Child Support Guidelines, which factor in both parents' incomes, health insurance costs, and childcare expenses
• Health insurance — who carries coverage for children and whether former-spouse coverage will continue; the answer depends on the judgment, the plan, and applicable state or federal rules

The distinction between "merged" and "surviving" clauses matters. Merged clauses become part of the court order and may be modified later. Surviving clauses remain an independent contract and are generally harder to modify. Because that choice can have lasting legal consequences, consider getting legal advice before signing.

The Hearing

After the Register of Probate reviews and accepts your filing, the case goes on the hearing list. Both spouses must attend unless the court accepts a motion to excuse one party.

The judge confirms that both parties understand and voluntarily accept the separation agreement, that the agreement makes proper provision for custody and support, and that the marriage has irretrievably broken down. If the judge has concerns about fairness — particularly regarding children — they may ask questions or request revisions before approving.

The Nisi Timeline

Massachusetts uses a two-phase waiting period after the judge approves your agreement:

1. 30 days from the approval order to the entry of Judgment Nisi — before the nisi judgment enters, the spouses may withdraw the petition by mutual agreement
2. 90 days from Judgment Nisi to Judgment Absolute — you are still legally married during this period

Total: 120 days from entry of the order approving the divorce to final divorce.

During the nisi period, you cannot remarry. For federal tax purposes, you are generally treated as married for the year if the Judgment Absolute has not entered by December 31. Health-insurance rights can vary by plan and by the terms of the judgment, so confirm coverage directly with the plan administrator.

The divorce becomes final automatically; you do not need to file another document. If you need a certified copy of the divorce judgment, you can request one from the court using Form PFC 18. The listed fee is $20 per certified copy as of 2026.

Common Mistakes in Uncontested Filings

Incomplete financial information. Each spouse's Rule 401 Financial Statement and the separation agreement should be based on complete, current information about income, debts, bank accounts, retirement accounts, and other assets. Gaps can undermine the agreement or delay approval.

Confusing 1A with simple. A 1A filing avoids a summons and service of process, but it is not automatically simple. If you have a house, retirement accounts, children, or a business, the separation agreement may need to address complex issues — capital gains on real estate, plan-specific retirement orders, and tax implications of alimony. Filing jointly does not eliminate these complexities; it means you reached an agreement without asking the judge to decide disputed terms.

Not planning for modification. If your separation agreement's alimony or custody terms do not account for future changes (job loss, relocation, children aging out), you may need to go back to court later. Understanding which terms merge and which survive helps you assess how later changes may be handled.

When a 1A Filing Isn't the Right Path

A 1A Joint Petition only works when both spouses genuinely agree. If your spouse is cooperative but you cannot settle one or two issues, mediation may help you explore an agreement before using the 1B path.

If there is a history of domestic violence, a power imbalance that affects negotiation, or concern that one spouse is hiding assets, a joint filing may not be appropriate. Consider speaking with a Massachusetts family-law attorney or legal-aid service before signing an agreement.

The Massachusetts Divorce Filing Process Guide walks through the full 1A filing sequence with document checklists, financial disclosure trackers, separation agreement structuring tools, and a nisi period planner to help you organize each step and keep track of decisions and deadlines.

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