How to File for Divorce in Massachusetts 2026: Complete Guide

Massachusetts divorce law offers both no-fault and fault-based options, with the unique "1A" and "1B" divorce procedures that determine your timeline and process. Understanding the grounds for divorce, residency requirements, property division rules, and which type of divorce to file is essential for navigating your divorce efficiently.

Types of Divorce in Massachusetts

Massachusetts has two main procedural paths based on agreement level:

1A Divorce (Uncontested - Joint Petition)

Filed under M.G.L. c. 208, § 1A - Both spouses agree on everything:

• Both spouses agree: Marriage has irretrievably broken down
• Both spouses agree on ALL terms: Property division, alimony, custody, support
• File jointly: Both sign Joint Petition for Divorce
• Includes: Separation Agreement signed by both parties
• Timeline: Minimum 120 days from filing to final judgment (cannot be waived)
• Court hearings: One joint uncontested hearing (usually brief, 15-30 minutes)
• Fastest option: Can be finalized in exactly 120 days if all paperwork correct
• Lower cost: Can share one attorney or use mediator

1B Divorce (Contested - Individual Complaint)

Filed under M.G.L. c. 208, § 1B - Spouses agree marriage is broken but NOT on terms:

• One spouse files: Complaint for Divorce (individual filing)
• Ground: Irretrievable breakdown of marriage
• Disagree on terms: Property, alimony, custody, or support
• Timeline: No mandatory 120-day wait, but typically takes 6-12+ months
• Court process: Multiple hearings, temporary orders, discovery, possible trial
• Can settle anytime: If settle before trial, can convert to faster process
• Higher cost: Each party needs attorney, more court time

Fault-Based Divorce (M.G.L. c. 208, § 1 & 2)

Based on specific fault grounds (less common):

• Requires proof of fault
• No mandatory waiting period
• Often more contentious and expensive
• Rarely provides advantage over no-fault

Grounds for Divorce in Massachusetts

No-Fault Grounds (Most Common)

Irretrievable Breakdown (§ 1A or § 1B)

• Marriage has broken down irretrievably
• No reasonable prospect of reconciliation
• No need to prove fault or misconduct
• Can file § 1A (joint, uncontested) or § 1B (individual, contested)

Fault-Based Grounds (M.G.L. c. 208, § 1)

1. Adultery: Voluntary sexual intercourse with someone other than spouse
2. Impotency: Physical inability to consummate marriage
3. Utter Desertion: Willful and unjustified abandonment for 1+ years
4. Gross and Confirmed Habits of Intoxication: Chronic substance abuse
5. Cruel and Abusive Treatment: Physical or mental cruelty
6. Non-Support: Failure to provide suitable support when able
7. Imprisonment: Sentenced to 5+ years in prison

Why fault is rarely used:

• Requires proof and evidence
• More expensive litigation
• Rarely affects property division or alimony in practice
• No-fault is faster and less contentious

Residency Requirements

Massachusetts General Laws c. 208, § 4 and § 5:

• General Rule: At least one spouse must have lived in Massachusetts for 1 year immediately before filing
• Exception: If the cause for divorce occurred in Massachusetts AND at least one spouse currently lives in MA, can file immediately (no 1-year wait)
• Both spouses live in MA: File in county where either spouse lives
• Only one spouse in MA: File in county where MA resident lives

The Divorce Process in Massachusetts

1A Divorce Process (Uncontested Joint Petition)

Step 1: Prepare Separation Agreement

• Both spouses negotiate and agree on ALL terms
• Draft comprehensive Separation Agreement covering:
  • Division of all assets and debts
  • Alimony (amount, duration, or waiver)
  • Child custody and parenting schedule
  • Child support
  • Health insurance
  • Tax filing status and exemptions
• Both spouses sign agreement (notarized)

Step 2: File Joint Petition

• File Joint Petition for Divorce (Form CJD-101A) at Probate and Family Court
• Include signed Separation Agreement
• Include Financial Statements (both spouses)
• Filing fee: $215

Step 3: Wait 120 Days

• Mandatory minimum 120-day waiting period (cannot be waived)
• After 120 days, court schedules uncontested hearing

Step 4: Attend Joint Hearing

• Both spouses appear before judge
• Brief hearing (typically 15-30 minutes)
• Judge reviews separation agreement
• Judge asks if agreement is fair and voluntary
• If approved, judge issues Judgment of Divorce Nisi

Step 5: Nisi Period (90 Days)

• Judgment Nisi becomes absolute after 90 days
• During nisi period, not yet divorced
• Cannot remarry during nisi period

Step 6: Absolute Divorce

• After 90-day nisi period, divorce becomes final
• Total minimum time for 1A: 210 days (120 + 90)

1B Divorce Process (Contested)

Step 1: File Complaint

• One spouse files Complaint for Divorce (Form CJD-101B)
• State ground (irretrievable breakdown)
• File with Probate and Family Court
• Filing fee: $215

Step 2: Serve Spouse

• Sheriff or constable serves complaint on other spouse
• Spouse has 20 days to file Answer

Step 3: Temporary Orders (If Needed)

• Can request temporary orders for:
  • Temporary custody and visitation
  • Temporary child support
  • Temporary alimony
  • Use of marital home
  • Restraining orders

Step 4: Financial Disclosures

• Exchange Financial Statements (Form CJD-304)
• Mandatory financial disclosure
• Income, assets, debts, expenses

Step 5: Pre-Trial Conference

• Mandatory pre-trial conference with judge
• Attempt to settle case
• Narrow issues for trial

Step 6: Trial (If No Settlement)

• Full evidentiary hearing before judge (no jury)
• Both parties present evidence and witnesses
• Judge issues findings and Judgment

Step 7: Judgment Nisi and Absolute

• Judge issues Judgment of Divorce Nisi
• 90-day nisi period
• Becomes absolute after 90 days

Property Division - Equitable Distribution

Massachusetts uses equitable distribution (M.G.L. c. 208, § 34), not community property:

What Can Be Divided

Courts can divide ALL property owned by either spouse, regardless of:

• When acquired (before or during marriage)
• Whose name is on title
• Whether separate or marital property

This is broader than most states! Even property owned before marriage or received as gift/inheritance CAN be divided (though courts often give it to owner).

Division Factors (M.G.L. c. 208, § 34)

Courts consider:

• Length of marriage
• Conduct of parties during marriage (fault can be considered)
• Age, health, station, occupation, income, skills, employability
• Liabilities and needs of each spouse
• Opportunity for future acquisition of capital assets and income
• Amount and sources of income
• Estate, contribution as homemaker
• Contribution to acquisition, preservation, or appreciation of assets

Typical Division

• Long marriages (10+ years): Often roughly equal division
• Short marriages: Each spouse keeps what they brought in
• Medium marriages: Varies based on circumstances
• Fault: Can affect division if egregious (dissipation, abuse)

Alimony in Massachusetts

Massachusetts reformed alimony law in 2011 (M.G.L. c. 208, § 48-55):

Types of Alimony

1. General Term Alimony

• Periodic payment to economically dependent spouse
• Duration based on length of marriage:
  • 0-5 years: Up to 50% of marriage length
  • 5-10 years: Up to 60% of marriage length
  • 10-15 years: Up to 70% of marriage length
  • 15-20 years: Up to 80% of marriage length
  • 20+ years: Indefinite (but can be modified)
• Terminates upon remarriage or cohabitation (if cohabitation for 3+ months)
• Terminates when payor reaches full retirement age (can petition)

2. Rehabilitative Alimony

• Support while recipient becomes self-sufficient
• Limited to 5 years
• For education, training, or work experience

3. Reimbursement Alimony

• Compensate spouse for contributions to other's education/career
• Limited to 5 years
• Often lump sum

4. Transitional Alimony

• Short-term support to transition to new lifestyle
• Limited to 3 years
• Often for short marriages

Amount of Alimony

General term alimony cannot exceed:

• 30-35% of difference between spouses' gross incomes
• Recipient's need or payor's ability to pay (whichever is less)
• Amount that reduces payor's income below recipient's income

Alimony Factors

• Length of marriage
• Age and health of parties
• Income, employment, and employability
• Economic and non-economic contributions to marriage
• Marital lifestyle
• Lost economic opportunity due to marriage

Child Custody

Massachusetts courts determine custody based on best interests of the child (M.G.L. c. 208, § 31):

Types of Custody

Legal Custody

• Right to make major decisions (education, healthcare, religion)
• Sole legal custody: One parent decides
• Shared legal custody: Both parents decide together (most common)

Physical Custody

• Where child primarily lives
• Sole physical custody: Child lives with one parent, other has visitation
• Shared physical custody: Child spends significant time with both (not necessarily 50/50)

Best Interest Factors

• Child's wishes (if mature enough to express reasoned preference)
• Parents' ability to provide love, affection, guidance
• Parents' ability to provide food, clothing, medical care, education
• Adjustment to home, school, community
• Age and health of child
• Mental and physical health of parents
• Home environment of each parent
• Parent's willingness to foster relationship with other parent
• History of abuse or domestic violence

Shared Custody Presumption

• Massachusetts presumes shared legal custody is in child's best interest
• Can overcome with evidence showing sole custody better
• No presumption for or against shared physical custody

Child Support

Massachusetts uses Child Support Guidelines (updated periodically):

Calculation

• Based on both parents' gross income
• Uses percentage tables
• Adjusted for number of children
• Considers parenting time
• Includes health insurance, childcare costs

Online Calculator

Massachusetts provides Child Support Guidelines Worksheet

Duration

Child support continues until child:

• Turns 18 (or 23 if enrolled in college full-time)
• Emancipates
• Marries
• Dies

Divorce Costs in Massachusetts

Expected Timeline

• 1A Divorce (minimum): 210 days (120-day wait + 90-day nisi)
• 1A Divorce (typical): 7-9 months (if minor delays)
• 1B Divorce (settled): 6-12 months
• 1B Divorce (trial): 12-24+ months
• Fault-based divorce: 12-24+ months (often longest)

Frequently Asked Questions

What is the difference between a 1A and 1B divorce in Massachusetts?

A 1A divorce is a joint petition where both spouses agree on all terms - it's uncontested and can be finalized in 210 days minimum (120-day wait + 90-day nisi). A 1B divorce is when spouses agree the marriage is broken but disagree on terms like property, support, or custody - it requires contested litigation and typically takes 6-12+ months or longer.

How long does a divorce take in Massachusetts?

1A uncontested divorces take a minimum of 210 days (120-day mandatory wait plus 90-day nisi period). 1B contested divorces typically take 6-12 months if settled before trial, or 12-24+ months if trial is required. The 120-day wait for 1A cannot be waived under any circumstances.

Can I get divorced without my spouse in Massachusetts?

Yes, but you cannot file a 1A (which requires both spouses' cooperation). You would file a 1B divorce based on irretrievable breakdown. Even if your spouse doesn't respond, you can proceed with a default divorce. However, if your spouse objects, you may need trial.

Does Massachusetts recognize legal separation?

Yes. Massachusetts allows "Separate Support" (similar to legal separation) under M.G.L. c. 209, § 32. This provides court orders for support, custody, and property use while remaining married. It can later be converted to divorce. Some choose this for religious reasons or to maintain benefits.

Can alimony be awarded in a short marriage in Massachusetts?

Yes, but duration is limited. For marriages under 5 years, general term alimony cannot exceed 50% of the marriage length. For example, a 4-year marriage would have maximum 2 years of alimony. Transitional alimony (max 3 years) may also be appropriate for short marriages.

What is the "nisi period" in Massachusetts divorce?

After a judge approves your divorce, there's a mandatory 90-day waiting period called the "nisi period" before the divorce becomes final ("absolute"). During this time, you're still legally married and cannot remarry. This allows either party to file a motion to vacate if circumstances change. After 90 days, the divorce automatically becomes absolute.