For a no-fault divorce where both people agree in all decisions (1A)

For a no-fault divorce where you don’t agree about everything or where only one of you is filing (1B)

For a fault divorce (“section 1”)


For a no-fault divorce where both people agree in all decisions (1A) you must file:

  1. Joint petition for divorce under section 1A signed by both parties or their attorneys. Form CJD 101A pdf format of Joint Petition Divorce G.L. c.208 s1A (CJD 101A) 
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  2. Joint affidavit of irretrievable breakdown signed by the parties. Form Affidavit of Irretrievable Breakdown pdf format of Affidavit of Irretrievable Breakdown
  3. Certified copy of the civil marriage certificate. This is available from the Registry of Vital Records or from the city or town hall where you applied for a marriage license
  4. Notarized separation agreement signed by both parties. This is something you write yourselves. A separation agreement is a written contract between you and your spouse. It spells out how you are going to divide your property, child custody, child support, spousal support, visitation and any other issues relevant to your divorce. There are different ways to reach an agreement. You can negotiate on your own or hire attorneys to help you. You may also decide to use a divorce mediator to help settle the issues. A separation agreement can be a binding contract between you and your spouse (this is called a separation agreement that “survives” the divorce). Sometimes it is not a separate contract, but until the judge approves it, it becomes part of the divorce judgment (this is called a separation agreement that has “merged” with the divorce judgment.”) These are technical terms, but it is important that you make the choice that is right for you. It will be helpful to speak to an attorney about the choices you make. If you are unable to consult and attorney the law libraries and public libraries have books with examples of separation agreements.
  5. Certificate of Absolute Divorce for the Registry of Vital Records. Form R-408 pdf format of Divorce or Annulment, Cert Vital Statistics (R408)
  6. Financial Statements and applicable schedules: See Financial Statements for more information.

If you have children under 18, you will also need to file:

  1. Affidavit of Care and Custody. Form OCAJ-1 pdf format of Affidavit Disclosing Care/Custody Proceeding a Child
  2. Child support guidelines worksheet . Form CJD304 pdf format of Child Support Guidelines Worksheet (CJD 304)
file size 1MB.
  3. Parent Education Certificate. If you have children under 18, both of you are required to attend a parent education program unless it is waived by the court. You will receive this certificate after attending a Parent Education Program.

In addition, you may also need to file:

  1. Affidavit of indigency pdf format of Affidavit of Indigency
file size 1MB if you cannot afford the fees. See Paying Your Fees for more information.
  2. Child Support Guidelines Deviation. Form CJD 305 pdf format of Child Support Findings for Deviation (CJD 305)
file size 1MB if you don’t think the child support guidelines should apply to your case.
  3. Motion to Waive Attendance at Parent Education Program. Form CJD 444 pdf format of Motion to Waive Attendance Parent Ed (CJD 444)
file size 1MB if you cannot attend a parent education program.
  4. Motion for Temporary Orders pdf format of Motion (CJD 400)
(i.e. child custody, child support, spousal support, etc.) if you need a court order until the time of your divorce hearing. Fill in what you want the court to order. With this, you also need an Affidavit, where you explain to the judge what happened and when, and A Proposed Order form. Write on this form exactly what you want the court to order.

For a no-fault divorce where you don’t agree about everything or where only one of you is filing (1B) you must file:

  1. Complaint for divorce under section 1B signed by one party. Form CJD101B pdf format of Complaint For Divorce G.L. c. 208 Sec. 1B (CJD 101B)
  2. Certified copy of the civil marriage certificate. This is available from the Registry of Vital Records or from the city or town hall where you applied for a marriage license
  3. Certificate of Absolute Divorce for the Registry of Vital Records. Form R-408 pdf format of Divorce or Annulment, Cert Vital Statistics (R408)
  4. Financial Statements and applicable schedules. See Financial Statements for more information.

If you have children under 18, you will also need to file:

  1. Affidavit of Care and Custody. Form OCAJ-1 pdf format of Affidavit Disclosing Care/Custody Proceeding a Child
  2. Child support guidelines worksheet . Form CJD304 pdf format of Child Support Guidelines Worksheet (CJD 304)
file size 1MB . Form must be printed on light blue colored paper.
  3. Parent Education Certificate. If you have children under 18, both of you are required to attend a parent education program unless it is waived by the court. You will receive this certificate after attending a Parent Education Program .

In addition, you may also need to file:

  1. Affidavit of indigency pdf format of Affidavit of Indigency
file size 1MB if you cannot afford the fees. See Paying Your Fees for more information.
  2. Child Support Guidelines Deviation. Form CJD 305 pdf format of Child Support Findings for Deviation (CJD 305)
file size 1MB if you don’t think the child support guidelines should apply to your case.
  3. Motion to Waive Attendance at Parent Education Program. Form CJD 444 pdf format of Motion to Waive Attendance Parent Ed (CJD 444)
file size 1MB if you cannot attend a parent education program.
  4. Motion for Temporary Orders pdf format of Motion (CJD 400)
(i.e. child custody, child support, spousal support, etc.) if you need a court order until the time of your divorce hearing. Fill in what you want the court to order. With this, you also need an Affidavit, where you explain to the judge what happened and when, and A Proposed Order form. Write on this form exactly what you want the court to order.

For a fault divorce (“section 1”) you must file:

  1. Complaint for Divorce. Form CJD101 pdf format of Complaint for Divorce (CJD 101)
  2. Certified copy of the civil marriage certificate. This is available from the Registry of Vital Records or from the city or town hall where you applied for a marriage license
  3. Certificate of Absolute Divorce for the Registry of Vital Records. Form R-408 pdf format of Divorce or Annulment, Cert Vital Statistics (R408)
  4. Financial Statements and applicable schedules. See Financial Statements for more information.

If you have children under 18, you will also need to file:

  1. Affidavit of Care and Custody. Form OCAJ-1 pdf format of Affidavit Disclosing Care/Custody Proceeding a Child
  2. Child support guidelines worksheet . Form CJD304 pdf format of Child Support Guidelines Worksheet (CJD 304)
file size 1MB.
  3. Parent Education Certificate. If you have children under 18, both of you are required to attend a parent education program unless it is waived by the court. You will receive this certificate after attending a Parent Education Program .

In addition, you may also need to file:

  1. Affidavit of indigency pdf format of Affidavit of Indigency
file size 1MB if you cannot afford the fees. See Paying Your Fees for more information.
  2. Child Support Guidelines Deviation. Form CJD 305 pdf format of Child Support Findings for Deviation (CJD 305)
file size 1MB if you don’t think the child support guidelines should apply to your case.
  3. Motion to Waive Attendance at Parent Education Program. Form CJD 444 pdf format of Motion to Waive Attendance Parent Ed (CJD 444)
file size 1MB if you cannot attend a parent education program.
  4. Motion for Temporary Orders pdf format of Motion (CJD 400)
(i.e. child custody, child support, spousal support, etc.) if you need a court order until the time of your divorce hearing. Fill in what you want the court to order. With this, you also need an Affidavit, where you explain to the judge what happened and when, and A Proposed Order form. Write on this form exactly what you want the court to order.