Divorce cases in Massachusetts are filed in the Probate and Family Court for the county where either spouse lives. Massachusetts uses equitable distribution, so judges divide marital assets and debts in a way that is fair rather than automatically 50/50. Most people file no-fault under either a joint petition (1A) or a complaint (1B).
You can file if at least one spouse is a Massachusetts resident. If the cause of the divorce occurred in Massachusetts, a resident can file right away. If the cause occurred outside Massachusetts, at least one spouse must have lived in Massachusetts for one year immediately before filing. File in the Probate and Family Court for your county. There is no pre-filing separation requirement, but Massachusetts uses a judgment nisi process, so your divorce becomes final only after a built-in waiting period once judgment enters.
Step 1: Choose your path and gather forms.
For an uncontested path, many couples use 1A (joint petition) with a signed separation agreement, financial statements, and an Affidavit of Irretrievable Breakdown. If you don’t yet have full agreement, you can file a 1B (complaint) and later convert to 1A when you settle.
Step 2: File with the clerk.
File at your county’s Probate and Family Court. Pay the filing fee or request a fee waiver (indigency) if needed. Parents of minor children typically complete a Parent Education Program as part of the case.
Step 3: Serve your spouse.
For 1B cases, arrange service by sheriff or constable, or obtain a signed acceptance of service. If you cannot locate your spouse after diligent efforts, ask the court for alternate service. In many cases, an automatic financial restraining order applies to protect assets and insurance while the case is pending.
Step 4: Observe timelines and disclosures.
A spouse served in Massachusetts generally has 20 days to answer. Exchange complete financial information early; the court requires a Financial Statement (short or long form depending on income).
Step 5: Settle or set a hearing.
If you reach agreement, submit your separation agreement and a proposed judgment for review. If issues remain, the court may schedule case management, mediation, and hearings.
Step 6: Finalize the decree.
After the judge approves your paperwork or after an uncontested hearing, the court issues a judgment of divorce nisi. Your divorce becomes final (absolute) automatically after the nisi period expires; the notice of judgment will list the date. The final judgment covers property and debts, alimony, legal/physical custody and parenting time if applicable, child support, and any name change. Obtain certified copies for records and account updates.
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Do we need to be separated before filing in Massachusetts?
No. There is no pre-filing separation requirement, but your divorce becomes final only after the judgment nisi period runs.
Which court handles divorces in Massachusetts?
The Probate and Family Court in the county where either spouse resides.
How long does a Massachusetts divorce take?
Timing depends on service, disclosures, settlement, and court calendars. After judgment enters, it becomes final only when the nisi period ends; your notice lists the absolute date.