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
Step 2: Write a separation agreement
You will need to write a separation agreement. A separation agreement is a written contract between you and your spouse. It explains how you will handle any issues related to your divorce. These issues may include:
- Child support
- Parenting time
- Alimony
- Child custody
- Dividing shared property (marital assets)
Both parties must sign the agreement and it must be notarized (signed by a notary).
There are different ways to reach an agreement. You can negotiate on your own or hire lawyers 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 a separation agreement that “survives” the divorce. Sometimes, it is not a separate contract and is not binding until the judge approves it. If the judge approves the agreement, it becomes part of the divorce judgment. This is a separation agreement that has “merged” with the divorce judgment.
It's important that you make the choice that's right for you. It’s helpful to speak to a lawyer about the choices you make. If you are not able to speak to a lawyer, you can refer to the sample separation agreement for guidance.
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Open PDF file, 232.37 KB, Sample Separation Agreement (English, PDF 232.37 KB)
Step 3: Fill out your paperwork
Required at initial filing
Anyone filing for a 1A divorce needs to file:
- Joint Petition for Divorce form (CJD-101A)
- Certified Copy of Marriage Certificate
- If not filed with Complaint, a Motion (CJD 400) to file copy of marriage certificate late must be filed
- Report of Absolute Divorce (R-408)
- Affidavit of irretrievable breakdown
- Notarized Separation Agreement (within 90 days of filing) - see Sample Separation Agreement
- If not filed with Petition, must be filed within 90 days (or subject to dismissal)
- If children under the age of 18 are listed: Child Care or Custody Disclosure Affidavit. In cases involving a child, use this form to tell the court about any other open or closed cases involving the child. You must file the Affidavit in cases involving the care, custody, visitation, or change of name of a child. See Trial Court Rule IV for more details.
- Each petitioner must sign a Child Care or Custody Disclosure Affidavit
- Supplemental Child Care or Custody Disclosure Affidavit. In cases involving more than 4 children, use this form along with the Child Care or Custody Affidavit for additional space to tell the court about any other open or closed cases. See Trial Court Rule IV for more details.
Best case practice; to be filed prior to scheduling
- Financial Statement for each petitioner
- If child support is being addressed:
Special circumstances
Some people may also need to file:
- An Affidavit of indigency if you can't afford the fees. See Indigency for more information.
- Motion for temporary orders (CJD 400) if you need a court order right away. The court can enter an order on custody, support, etc. while you wait for your divorce hearing. Write what you want the court to order on the motion form. With this, you need an Affidavit explaining what happened and when to the judge. You also need a Proposed Order form explaining what you want the court to order.
Step 4: File your paperwork and fees
Fees
You'll need to pay the following fees for a 1A divorce. There are different ways you can pay your fees. You can pay with a bank check or money order made out to the Commonwealth of Massachusetts, cash, or a credit card.
| Name | Fee |
|---|---|
| Divorce filing fee | $200 |
| Divorce filing surcharge | $15 |
How to file
You can file for a 1A divorce in person, by mail online at eFileMA. For more information on how to eFile, please see eFiling in the Probate and Family Court.
Make sure you file the required forms and fees with the Probate and Family Court in the correct county. You should file in the county where you and your spouse lived together if one or both of you still live there. Otherwise, file in the county where you or your spouse live now. Find your Probate and Family Court.
If both parties are indigent, you can file for indigency (waiver of court fees).
Step 5: Attend a hearing
After you file all the paperwork, the court will set a hearing date and send you notice in the mail. Both spouses must go to the hearing unless the court has accepted an attendance waiver for one spouse. A spouse would have to file a motion requesting a waiver of attendance before the hearing for this. The judge may ask questions about the affidavit or separation agreement.
At the hearing, the judge will determine that your marriage has broken down and can’t continue. Then, the judge will decide if the separation agreement covers all the issues and is fair to both people. If so, the judge will accept the separation agreement, and an order will enter. A judgment nisi enters automatically 30 days later. 90 days after the judgment date, the divorce becomes final.
Judgment nisi
A "judgment nisi" is the time between when a judge grants your divorce and when the divorce becomes final. During this time, both people have a chance to change their minds. They can make sure that the other person didn’t lie about their property before the divorce is final. You don’t need to do anything during this time, and your divorce will become final automatically.
The judgment nisi becomes final 90 days from the date it entered. You can't remarry until 120 days from the entry date of the order approving the divorce.