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Uncontested divorce in Massachusetts: 1A vs 1B divorce explained
An uncontested divorce in Massachusetts is called a 1A divorce. Both spouses file a Joint Petition for Divorce together with a signed Separation Agreement covering every issue. A 1B divorce is a standard no-fault filing by one spouse, used when you do not yet have full agreement but still want to avoid fault grounds.
Quick answer
In Massachusetts, a 1A divorce is the true uncontested option: spouses file a Joint Petition for Divorce together with a signed Separation Agreement resolving every issue. A 1B divorce is a no-fault filing by one spouse, used when couples have not yet reached full agreement. Many 1B cases settle before trial and finish as uncontested. The filing fee for either path starts at $215 in Probate and Family Court.
What an uncontested divorce actually means in Massachusetts
If you are searching for "uncontested divorce Massachusetts," you are almost certainly looking at a 1A divorce. Massachusetts is one of a handful of states that splits no-fault divorce into two distinct filing tracks, and the 1A path is the one built specifically for couples who already agree on everything. The name comes from the section of Massachusetts General Laws Chapter 208 that authorizes it.
The confusion most people run into is that the terms "uncontested" and "contested" describe a situation (how much you and your spouse agree), while "1A" and "1B" describe a filing track. A 1A is always uncontested by definition because you cannot file one without a signed Separation Agreement attached. A 1B starts as contested, but most settle into agreement long before trial. Understanding that distinction saves real money, because the path you pick shapes your timeline, your paperwork, and whether either spouse can request temporary court orders while the case is pending.
To qualify for a 1A joint petition, you and your spouse need to agree on every issue that a judge would otherwise decide: how property and debt get divided, whether either spouse pays alimony, custody and parenting time if you have children, child support, and health insurance. That agreement gets captured in a written Separation Agreement signed by both spouses and notarized before filing. If you hit a genuine disagreement on even one issue, you are not eligible to file a 1A until you resolve it.
| Issue | 1A (uncontested) | 1B (no-fault, contested) |
|---|---|---|
| Who files | Both spouses jointly | One spouse (plaintiff) |
| Agreement required to file | Yes, fully signed | No |
| Service of process | Not required | Required (constable or sheriff) |
| Earliest hearing | 4 to 6 weeks after filing | 6 months minimum wait |
| Nisi waiting period | 120 days after judgment | 90 days after judgment |
| Typical total timeline | 3 to 5 months | 6 to 18+ months |
If you are not yet sure whether your situation qualifies as uncontested, our guide on contested vs. uncontested divorce walks through the decision framework in more detail.
1A vs 1B: the real difference most people miss
The labels come from Massachusetts General Laws Chapter 208, the statute that governs divorce in the Commonwealth. Section 1A creates the joint petition track, and Section 1B creates the complaint track. Both are grounded in the same no-fault basis: an "irretrievable breakdown of the marriage." Neither requires anyone to prove misconduct, and neither creates any presumption about who caused the marriage to end.
What actually changes between the two is the procedure. In a 1A, you and your spouse sign everything in advance, walk into court as co-petitioners, and ask the judge to approve an agreement you have already negotiated. In a 1B, one spouse files a Complaint for Divorce, the other is formally served, and the court opens a case that stays open while you negotiate, exchange financial disclosures, and if necessary, litigate.
A 1B can end as an uncontested case
A Massachusetts divorce that starts as a 1B contested complaint can convert to a 1A joint petition at any point before trial. If you and your spouse reach full agreement mid-case, you can file the 1A paperwork into the same docket and proceed as uncontested from that moment forward.
One common tactic: file a 1B first to get temporary orders in place (temporary support, possession of the marital home) while negotiating, then convert to 1A once the Separation Agreement is signed. This only makes sense when you need the court's protection during negotiations.
The other big structural difference: a 1B has a mandatory six-month waiting period before the court will schedule a hearing, even if you both agree. If you file 1A instead, the court typically schedules the final hearing within four to six weeks. That alone can cut three to five months off your total timeline.
How to file a 1A joint petition in Massachusetts
A 1A joint petition has four phases: preparing the agreement, gathering the required forms, filing and paying the court, and attending the final hearing. The first phase is where most couples spend the real time. Once the Separation Agreement is done, the rest moves quickly.
1. Meet the residency requirement
At least one spouse must have lived in Massachusetts for one continuous year before filing. There is an exception: if the reason for the breakdown happened in Massachusetts while you lived here as a couple, the one-year rule does not apply. You file in the Probate and Family Court for the county where you and your spouse last lived together, provided one of you still lives there. Otherwise, you file in the county where either of you now lives.
2. Write and sign a Separation Agreement
This is the central document. It needs to cover child support, parenting time and custody (if applicable), alimony, property and debt division, health insurance, and anything else that could be disputed later. Both spouses sign it, and the signatures must be notarized before filing. The judge will not approve a 1A without it. If you need structured help building one, Hello Divorce's Massachusetts Separation Agreement service can walk you through every section.
3. Complete the required court forms
A 1A filing packet typically includes: Joint Petition for Divorce (form CJD-101A), a joint Affidavit of Irretrievable Breakdown, both spouses' Rule 401 Financial Statements (short form if gross annual income is under $75,000, long form if it is $75,000 or more), an original or certified copy of your marriage certificate, the Record of Absolute Divorce (R-408), and, if you have minor children, a Child Care or Custody Disclosure Affidavit. Your signed Separation Agreement gets filed alongside this packet.
4. File, pay the fee, and attend the hearing
You can file in person at the Probate and Family Court clerk's office, by mail, or electronically through eFileMA (availability varies by court and case type). The filing fee for a Joint Petition is $215, plus a $15 surcharge and a $5 summons fee. If both spouses qualify as indigent, you can apply for a fee waiver using an Affidavit of Indigency. The court schedules a brief hearing, usually within four to six weeks. Both spouses must appear (in person or by Zoom, depending on the court) for the judge to review and approve the agreement.
Timeline, fees, and total cost of a 1A uncontested divorce
From the day you file to the day your divorce becomes absolute, expect roughly three to five months for a typical 1A. The structure is predictable: four to six weeks to the hearing date, a judge's approval at the hearing, 30 days before the Judgment of Divorce Nisi is formally entered, and then a 90-day nisi period before the divorce becomes absolute. That adds up to approximately 120 days from hearing to final, on top of the pre-hearing wait.
The nisi period is Massachusetts-specific and often catches people off guard. During those 120 days after your hearing, you are still legally married. You cannot remarry, and banks, insurance companies, and the IRS still treat you as married until the divorce is absolute.
Plan for the nisi period
Time health insurance changes, beneficiary updates, and any remarriage or engagement plans around the day your divorce becomes absolute, not the day of your hearing. If the exact date matters for a closing, a relocation, or an open enrollment window, ask your clerk to confirm it in writing after the hearing.
On the cost side, a fully pro se 1A (no attorney, no mediator) can be done for the $215 filing fee plus a few small surcharges. Most couples land somewhere between $1,200 and $3,000 once you add document preparation help or a flat-fee attorney review of the Separation Agreement. Compare that to a contested 1B, which routinely runs $15,000 to $50,000 per spouse when it goes through discovery and trial. For a more detailed breakdown, our cost of divorce in Massachusetts page walks through real-world pricing scenarios.
The biggest hidden cost is agreement-building time. If you and your spouse spend four months negotiating a Separation Agreement on your own and get stuck, you may end up paying twice: once for the time already spent, and again for a mediator to finish what DIY could not. Budgeting two to five mediation sessions upfront is often cheaper than three months of stalled negotiations.
When a 1B actually makes more sense (even if you mostly agree)
A 1A is almost always faster and cheaper, but it is not always the right call. The biggest reason to file a 1B first is that a 1A gives the court no authority to issue temporary orders while you negotiate. If your spouse is draining joint accounts, refusing to pay the mortgage, or making it impossible to stay in the marital home, a 1B opens the door to temporary orders for support, exclusive use of the home, or freezing shared assets. Filing a 1A means waiting until the full agreement is signed, which may be months away.
A 1B also makes sense when one spouse will not engage. A 1A requires both signatures on the Joint Petition. If your spouse is unreachable, avoiding service, or refusing to sign anything, you cannot file a 1A. A 1B complaint lets one spouse start the process, formally serve the other, and move the case forward even if the other side drags their feet. Many couples in this situation still end up finalizing as uncontested once the non-responsive spouse realizes the case is proceeding without them. If mediation feels like a better fit than litigation for working through a disagreement, Hello Divorce Massachusetts mediation can often resolve the sticking points in a handful of sessions.
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Schedule your free 15-minute callFrequently asked questions
What is the difference between a 1A and a 1B divorce in Massachusetts?
A 1A divorce is a joint petition filed by both spouses together with a signed Separation Agreement covering every issue. It is the true uncontested track. A 1B divorce is a no-fault complaint filed by one spouse when full agreement does not yet exist. Both use the same legal ground (irretrievable breakdown of the marriage), but the 1A is faster, cheaper, and less adversarial because the agreement is already in place when you file.
How much does an uncontested divorce cost in Massachusetts?
The court filing fee for a 1A joint petition is $215, plus a $15 surcharge and a $5 summons fee. A fully pro se 1A can cost under $300 total. Most couples spend between $1,200 and $3,000 when they add document preparation, mediation, or a flat-fee attorney review of the Separation Agreement. Compared to a fully contested 1B, which can run $15,000 to $50,000 or more per spouse, a 1A is dramatically less expensive.
How long does a 1A uncontested divorce take in Massachusetts?
A 1A typically takes three to five months from filing to final. The court usually schedules the hearing within four to six weeks of filing. After the hearing, the judge enters a Judgment of Divorce Nisi about 30 days later, and the divorce becomes absolute 90 days after that, for a total of approximately 120 days from hearing to final. You remain legally married during the entire nisi period.
Do I need a lawyer to file a 1A divorce in Massachusetts?
No. You can file a 1A joint petition pro se (without a lawyer). However, the Separation Agreement is a binding contract that affects taxes, retirement assets, and parenting rights for years, so most couples benefit from either a flat-fee attorney review, a mediator, or a structured service like Hello Divorce that walks you through each form and clause. Cases involving children, retirement accounts, real estate, or a significant income imbalance especially benefit from professional review.
Can I convert a 1B divorce into a 1A if my spouse and I reach agreement?
Yes. If you and your spouse reach full agreement after a 1B has already been filed, you can file the 1A joint petition paperwork, a signed Separation Agreement, and supporting documents into the same case. The case converts to uncontested under the existing docket number and proceeds on the 1A track. This happens frequently: many couples file 1B to get things moving, then settle before trial.
Do both spouses have to appear at the hearing for a 1A?
Yes. In almost all Massachusetts 1A cases, both spouses must appear at the final hearing. Many Probate and Family Courts allow Zoom appearances for uncontested hearings, but the court's practice varies by county and judge. Check with your assigned court once your hearing date is set to confirm whether the hearing will be in person or remote.
Massachusetts court resources and official forms
These official Massachusetts government pages have the current forms, filing instructions, and fee schedules for every Probate and Family Court in the Commonwealth.
- Mass.gov: Get a no-fault 1A divorce (official step-by-step guide)
- Mass.gov: Learn about the types of divorce
- Mass.gov: Probate and Family Court filing fees
- Mass.gov: Find your Probate and Family Court (by county)
- Mass Legal Help: How to file a No-Fault 1A Joint Petition
- Mass.gov: Divorce in Massachusetts (statewide hub)
References & further reading
Sources cited in this article and recommended for further reading.
- 1. Mass.gov. "Get a no-fault 1A divorce". Official step-by-step guide to filing a Joint Petition for Divorce, including required forms, filing locations, and fees. Commonwealth of Massachusetts, updated 2025. Accessed April 2026.
- 2. Mass.gov. "Learn about the types of divorce". Official overview of no-fault and fault-based divorce grounds in Massachusetts, including the 1A and 1B distinction. Commonwealth of Massachusetts. Accessed April 2026.
- 3. Mass Legal Help. "How to file a No-Fault 1A Joint Petition for Divorce". Step-by-step filing instructions including required forms, nisi period, and fee waiver guidance. Massachusetts Legal Assistance Corporation, updated June 2025. Accessed April 2026.
- 4. Mass.gov. "Probate and Family Court filing fees". Current Probate and Family Court fee schedule for all case types, including divorce filings. Commonwealth of Massachusetts. Accessed April 2026.
- 5. Hello Divorce. "Everything to Know About Divorce in Massachusetts". Comprehensive guide covering residency, filing paths, equitable distribution, custody, and finalization timelines. hellodivorce.com. Accessed April 2026.
- 6. Hello Divorce. "Cost of Divorce in Massachusetts". Detailed cost breakdowns for contested and uncontested divorces, including court fees, attorney rates, and mediation pricing. hellodivorce.com. Accessed April 2026.
- 7. Hello Divorce. "Grounds for Divorce in Massachusetts". Explainer on no-fault irretrievable breakdown grounds and the seven fault-based grounds available in Massachusetts. hellodivorce.com. Accessed April 2026.