2025 Divorce Filing Checklist for Massachusetts

Filing for divorce in Massachusetts requires navigating the Probate and Family Court system, choosing between joint petition (§1A) or complaint (§1B) processes, and understanding mandatory disclosure rules. Understanding the divorce process helps as you work through Massachusetts's unique residency requirements, automatic restraining orders, nisi judgment periods, and 2025 filing fees.

Step 1: Verify Massachusetts Residency Requirements

Before filing, confirm you meet one of Massachusetts's residency requirements under M.G.L. c. 208 § 5:

• 1-Year Residency: Either spouse has lived in Massachusetts for at least one year immediately before filing
• Cause in Massachusetts: If the grounds for divorce occurred in Massachusetts AND the plaintiff is domiciled here, no waiting period is required
• Joint Petition Exception: For §1A filings, if you married in Massachusetts and one spouse still lives here, you can file immediately

Unlike many states, Massachusetts ties residency requirements directly to where the grounds arose, making it possible to file immediately in certain circumstances.

Step 2: Choose Your Filing Type—§1A or §1B

Massachusetts offers two distinct no-fault divorce paths under M.G.L. c. 208 § 1A and § 1B:

• §1A Joint Petition: Both spouses file together with a complete separation agreement covering all issues (custody, support, property division). The court reviews the agreement after a 30-day waiting period, issues a nisi judgment, then finalizes it 90 days later. This is the fastest option—typically 4-5 months total.
• §1B Complaint: One spouse files alleging an irretrievable breakdown of the marriage. The court cannot hold a merits hearing until at least 6 months after service of the summons. Use this if you can't agree on all terms upfront or if your spouse won't cooperate.

Most uncontested cases use §1A for speed and lower costs. Contested or partially contested cases require §1B.

Step 3: Gather Required Forms and Documents

The Massachusetts Trial Court provides standardized forms. For §1A joint petitions, you'll need:

• CJD-101A: Joint Petition for Divorce
• Separation Agreement: Signed by both parties covering all marital issues
• Financial Statements: Both parties must complete mandatory financial disclosure forms
• Affidavit of Irretrievable Breakdown: Both spouses sign under oath

For §1B complaints, use form CJD-101B and file a summons. Your spouse has 20 days to respond. Supporting documents include tax returns (last 3 years), pay stubs, bank statements, and property valuations. Download all forms from the Massachusetts Probate and Family Court website.

Massachusetts requires numerous legal forms; a divorce document checklist can ensure you don't miss any paperwork when filing.

Step 4: File with the Probate and Family Court

File your divorce petition with the Probate and Family Court in the county where either spouse lives, per M.G.L. c. 208 § 6. If you lived together in Massachusetts, you should file in the county of your last shared residence.

As of June 2025, expect to pay $215 in filing fees: $200 for the petition, $15 surcharge, and $5 for the summons. If you cannot afford these fees, file an Affidavit of Indigency to request a waiver. The court will review your income and assets to determine eligibility.

Step 5: Comply with Rule 410 Mandatory Disclosures

Massachusetts Probate Court Rule 410 requires both parties to exchange financial disclosures within 45 days of service. This includes:

• Complete financial statements (short form if income under $75,000; long form otherwise)
• Federal and state tax returns for the past 3 years
• Pay stubs for the past 3 months
• Bank statements, retirement account statements, and investment records
• Documentation of all debts and liabilities

Failure to comply can result in sanctions or delays in your case. Rule 410 ensures transparency and fair negotiations regarding child support, alimony, and property division.

Step 6: Understand the Automatic Restraining Order (Rule 411)

Upon filing, Massachusetts Probate Court Rule 411 automatically restrains both parties from:

• Transferring, selling, or hiding marital assets
• Changing beneficiaries on insurance policies or retirement accounts
• Incurring unreasonable debts
• Removing children from Massachusetts without court permission or written agreement

This order protects both spouses during the divorce process. Violations can lead to contempt proceedings and financial penalties. The restraining order remains in effect until the divorce is final or the court modifies it.

Step 7: Navigate the Nisi and Absolute Judgment Timeline

Massachusetts uses a two-stage judgment system:

• Nisi Judgment: The court approves your divorce terms but doesn't finalize the divorce immediately. For §1A cases, this occurs 30+ days after filing if the agreement is fair.
• Absolute Judgment: Exactly 90 days after the nisi judgment, the divorce becomes final and you are legally divorced. Neither party can remarry until this date.

For §1B cases, the court cannot hold a merits hearing until 6 months after service, then issues a nisi judgment once all issues are resolved, followed by the standard 90-day waiting period. Total timeline: 8-12+ months for contested cases.

Massachusetts's 90-day "nisi" period gives you time to organize finances; using an AI-driven divorce planning tool ensures you make the most of this waiting period.

Estimate Your Massachusetts Divorce Costs

Beyond filing fees, Massachusetts divorce costs vary widely based on complexity, attorney fees (typically $250-$500/hour), mediation costs, and expert fees for valuations or custody evaluations. Use this calculator to estimate your total costs: