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Guide Get a no-fault 1B divorce

You should file for a 1B divorce when one spouse believes the marriage has ended or both spouses believe the marriage has ended, but they aren't in agreement about custody, support, or marital property issues. This is called a contested no-fault divorce. Follow the steps below to get a 1B divorce in Massachusetts.

Table of Contents

Step 1: Find out if you can get divorced in Massachusetts

You can file for divorce in Massachusetts if:

  • You've lived in the state for 1 year, or;
  • The reason the marriage ended happened in Massachusetts and you've lived in the state as a couple

Additional Resources for Step 1: Find out if you can get divorced in Massachusetts

Step 2: Fill out your paperwork

For everyone

Anyone filing for a 1B divorce needs to file:

  • A certified copy of your marriage certificate, which you can get from the Registry of Vital Records or your city or town
  • Complaint for divorce under section 1B (CJD-101B) signed by 1 party
  • Record of Absolute Divorce (R-408) from the Registry of Vital Records
  • financial statement from each spouse. In a contested divorce, either party can request that the other submits a signed, current financial statement to the court with a copy to the requesting party within 10 days by making a separate request titled "Request for a Financial Statement." You can't make a further request for the financial statement within 90 days of the original request except by order of the court.

If you have children under 18

Couples with children under 18 must also:

  1. You and your spouse will need to attend a parent education program unless it's waived by the court. You'll receive a certificate after attending.
  2. Fill out these forms:

File those forms with your Parent Education Certificate at the clerk's office.

Special circumstances

Some people may also need to file:

Step 3: File your paperwork and fees

Fees

You'll need to pay the following fees for a 1B divorce. To find out what forms of payment are accepted, please contact the Probate & Family Court you're filing at.

Name Fee
Divorce filing fee $200
Divorce filing surcharge $15
Divorce summons charge $5

How to file

You can file for a 1B divorce in person or by mail.

If you or your spouse lives in the county where you lived together, file the required forms and fees with the Probate and Family Court in that county. Otherwise, file in the county where you or your spouse live now. Find your Probate and Family Court.

Step 4: Serve the papers on your spouse

The court will give you a summons. The complaint for divorce and summons are served on the other spouse. See service of process of domestic relations complaints for more information on how to do this.

Key Actions for Step 4: Serve the papers on your spouse

Step 5: Exchange financial statements & write up a separation agreement

After your spouse has been served, they will likely file an answer. See respond to a case filed against you in Probate and Family Court for more information on that process. Once your spouse (the defendant) has filed an answer, you will need to exchange financial statements and write up a separation agreement. 

Additional Resources for Step 5: Exchange financial statements & write up a separation agreement

Step 6: Attend a pre-trial hearing

There may be a pre-trial hearing if you and your spouse have issues you can’t agree on. To prepare for a pre-trial hearing, the parties or their lawyers will submit a pre-trial memorandum. This happens after discovery, which is the process of finding out information from the other party by submitting questions (called interrogatories) to the other party or by requesting certain documents. You must also decide if you're going to call any witnesses for the trial.

To go forward without a trial (meaning all the issues have been agreed on), you need to have the notarized, signed separation agreement, financial statements, and parent education certificate (if applicable) filed with the court. 

Step 7: Attend a hearing

The divorce is finalized 90 days after the judgment date.

A hearing can't be scheduled any sooner than 6 months from the filing date unless the court has granted a waiver.

The judge will either accept, reject, or amend the separation agreement at the hearing. If the parties haven't reached an agreement on all of the issues, there will be a trial and the judge will make the final decision. When a judgment is entered, the divorce is finalized 90 days later, after the nisi period has ended. Please see Finalizing a divorce for more information.

Key Actions for Step 7: Attend a hearing

Additional Resources for Step 7: Attend a hearing

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