How to File for Divorce in Massachusetts (2025 Guide)

How to File for Divorce in Massachusetts (2025 Guide)

If you’re looking to divorce in Massachusetts, this simplified guide will walk you through the key steps and requirements.

✅ 1. Residency Requirement

To file in Massachusetts:

• You must have lived in the state for at least 1 year, or

• The marriage broke down in Massachusetts and you’re currently living there.

✅ 2. Choose Your Divorce Type

Massachusetts offers:

• No-Fault Divorce (1A or 1B):

• 1A: Both spouses agree on the divorce and terms (joint petition).

• 1B: One spouse believes the marriage is “irretrievably broken,” and it may be contested.

Fault-Based Divorce (optional):

Grounds include adultery, desertion, abuse, addiction, or imprisonment.

✅ 3. File for Divorce

Go to the Probate and Family Court in your county and file the:

• Complaint for Divorce (or Joint Petition for 1A)

• Certified Marriage Certificate

• Affidavit of Irretrievable Breakdown (1B)

• Separation Agreement (if 1A)

• Financial Statement

Filing fee: Around $215 (includes surcharge and summons fee)

✅ 4. Serve Your Spouse

If it’s a 1B divorce, serve your spouse with the complaint using:

• Sheriff

• Constable

• Or certified mail with return receipt

• Your spouse has 20 days to respond.

✅ 5. Mandatory Waiting Periods

• 1A Divorce:

After a brief hearing, there’s a 30-day delay, then a 90-day waiting period before finalization.

Total: Around 120 days until it's final.

• 1B Divorce:

Can take longer if contested; goes to trial if no agreement.

✅ 6. Parenting and Financial Agreements

You’ll need to file:

• Parenting Plan

• Child Support Guidelines Worksheet

• Financial Statements

• A Separation Agreement (if uncontested)

✅ 7. Final Judgment of Divorce

If uncontested, the judge will review your agreement and may approve it at a short hearing.

You will receive a Judgment of Divorce Nisi, which becomes final in 90 days.

✅ 8. After Divorce

Update legal documents

Enforce court orders for custody, support, or asset division

Request name change (if included in the petition)

Note: If you and your spouse cannot agree on major issues, the court may order mediation or schedule a trial.