What Happens After Filing for Divorce in Massachusetts

You filed the papers and paid the fee. The clerk stamped your complaint. Now what? The period between filing and your final hearing is governed by strict procedural deadlines — and the sequence differs sharply between the 1A and 1B pathways.

After Filing a 1A Joint Petition

The 1A path is streamlined because both spouses filed together:

Weeks 1-2: The court registry reviews your filing package for completeness. If anything is missing (incomplete R-408, unsigned separation agreement, missing financial statements), you'll be notified to cure the deficiency.

Weeks 2-6: Once your packet is accepted as complete, the register places your case on the uncontested hearing list. Scheduling depends on county backlog — some courts schedule within 30 days, others take 6-8 weeks.

Hearing day: Both spouses appear. The judge reviews your separation agreement, asks questions, and either approves or sends you back to revise. If approved, an Order of Approval enters that day.

30 days after approval: Judgment of Divorce Nisi enters automatically.

90 days after nisi entry: Judgment becomes Absolute. You are officially divorced. Total timeline from filing: typically 4-6 months.

After Filing a 1B Contested Complaint

The contested path has more steps and a longer mandatory timeline:

Day 1 — Filing: Your complaint is stamped and filed. Supplemental Rule 411 (automatic restraining order) applies to you immediately. The court issues a Domestic Relations Summons and mails it to you.

Days 1-14 — Receive summons: You receive the court-issued summons by mail. You cannot serve the defendant without it.

Days 14-30 — Service of process: You arrange for a sheriff or constable to serve your spouse with the summons and complaint. Service must be "in hand" unless the court orders alternative service. Once served, the officer completes the Return of Service, and you file it with the court.

Days after service — Defendant's 20-day window: Your spouse has exactly 20 calendar days to file an Answer. If they also want affirmative relief, they file a Counterclaim alongside it.

30 days from service — Parent education registration: If you have minor children, both parents must register for the "Two Families Now" course within 30 days of service (Standing Order 3-23).

45 days from service — Financial disclosure: Both parties must exchange complete Rule 401 financial statements.

Months 2-5 — Discovery and negotiation: Parties exchange financial records, negotiate terms, and attempt to reach agreement. If they succeed, they can convert the 1B to a 1A filing and skip the contested trial.

Month 6 (earliest) — Hearing or trial: By statute, a contested hearing under Section 1B cannot occur sooner than six months from the filing date. If the case remains contested, a pre-trial conference is scheduled, followed by trial if needed.

After judgment — Nisi period: Judgment Nisi enters immediately upon the judge's final order. The 90-day nisi period runs, then becomes Absolute.

Total timeline for contested cases: typically 8-18 months depending on complexity and county scheduling.

What If Your Spouse Doesn't Respond?

If the defendant fails to file an Answer within 20 days of service, you can pursue a default:

1. File a Request for Default with the court
2. The clerk enters the default on the docket
3. You can then request a hearing for judgment — the judge can approve your proposed terms without the other party's participation

A default doesn't happen automatically — you must affirmatively request it. And the defendant can file a Motion to Remove Default if they can show good cause for their delay.

Staying on Track Through the Process

The gap between filing and final hearing is where cases stall — missed disclosure deadlines, overlooked parent education requirements, or simply losing track of what comes next. The Massachusetts Divorce Filing Process Guide includes a timeline worksheet that maps every deadline from filing through judgment absolute, organized by your specific pathway (1A or 1B).

See more Massachusetts guides →