Requirements for an Uncontested Divorce in Massachusetts

To qualify for an uncontested divorce (called “dissolution of marriage”) in Massachusetts, the following must apply:
 

1. Residency: 

   • You can file if:

   • The grounds for divorce occurred in Massachusetts and one spouse lives in the state, OR

   • The cause happened outside of Massachusetts and you have lived in the state for at least one year.
      

2. Grounds for Divorce 

   • The only ground for an uncontested divorce is “irretrievable breakdown” of the marriage (no-fault).

   • Both spouses must agree that the marriage has ended and want the divorce.
      

3. Full Agreement:

   You and your spouse must agree on all key issues:

   • Division of property and debts

   • Alimony (if any)

   • Child custody, parenting time, and child support (if applicable)

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Steps to File for an Uncontested Divorce:

1. Complete the Required Forms

For a 1A (uncontested) divorce, you'll need:

• Joint Petition for Divorce (CJD 101A)

• Affidavit of Irretrievable Breakdown (CJD 101B)

• Separation Agreement (signed and notarized)

• Financial Statements (both parties)

  • Short Form (CJD 301S) if income < $75,000

  • Long Form (CJD 301L) if income ≥ $75,000

• Child Support Guidelines Worksheet (if applicable)

• Parenting Plan (if children involved)

• Affidavit Disclosing Care or Custody Proceedings (CJD 109) (if children)

• Certified copy of marriage certificate
   

Download forms from:
https://www.mass.gov/lists/divorce-forms-for-1a-divorce
 

2. File with the Probate and Family Court

• File in the county where either spouse lives.

• Pay the filing fee: $215 (includes all required surcharges).

• Fee waivers are available by filing an Affidavit of Indigency.

3. Schedule a Court Hearing

• After filing, the court will schedule a hearing—usually 30–45 days later.

• Both spouses must attend this hearing.

• The judge will review your Separation Agreement to ensure it's fair and, if children are involved, that it serves their best interests

4. Judgment and Final Divorce

• After the hearing, the court issues a Judgment of Divorce Nisi.

• This becomes final (absolute) after 120 days.​

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