Divorce can feel overwhelming, but having a clear checklist can help you stay organized and prepared. If you’re facing a divorce in Massachusetts, this guide outlines key steps and considerations to navigate the process smoothly. From residency rules to paperwork, here’s what you need to know to get started.

1. Confirm Your Eligibility

Before filing, ensure you meet Massachusetts residency requirements. You can file if:

• You’ve lived in the state for at least one year, or

• The reason for the divorce happened in Massachusetts, and you lived here as a couple.
  Check your situation carefully—moving to Massachusetts just to file won’t cut it with the courts.

  
  

2. Choose Your Divorce Type

Massachusetts offers two main paths:

• No-Fault (1A or 1B): Based on an “irretrievable breakdown” of the marriage. A 1A is uncontested (you agree on terms), while a 1B is contested (disputes remain).

• Fault-Based: Requires proving specific grounds like adultery or abandonment—rarer and more complex.
  Most opt for no-fault to avoid extra legal battles. Decide what fits your case.

  
  

3. Gather Essential Documents

Preparation is key. Collect:

• Your marriage certificate (original or certified copy).

• Financial records (bank statements, tax returns, pay stubs).

• Property deeds or titles (house, cars, etc.).

• Debts and liabilities (mortgage, loans, credit cards).
  If kids are involved, include school or medical records too. Having these ready streamlines the process.

  
  

4. Draft a Separation Agreement (If Applicable)

For an uncontested 1A divorce, you and your spouse must agree on:

• Division of assets and debts.

• Alimony (if any).

• Child custody, support, and parenting plans (if applicable).
  This written contract is critical—judges review it for fairness before approving.

  
  

5. File the Right Forms

Head to the Probate and Family Court in your county (or where you last lived together). Core forms include:

• Joint Petition for Divorce (CJD-101A) for uncontested cases, or Complaint for Divorce (CJD-101B) for contested ones.

• Report of Absolute Divorce (R-408).

• Financial statements for both spouses.

• Affidavit of Irretrievable Breakdown.
  Filing fees start at $200–$215, though you can request a waiver if eligible.

  
  

6. Serve Your Spouse (If Contested)

For a 1B divorce, formally notify your spouse with the filed papers via a sheriff or constable—don’t skip this step, as it’s legally required.

7. Plan for Kids (If Applicable)

Massachusetts prioritizes the child’s best interests. Be ready to address:

• Custody (legal and physical).

• Child support (use the state’s guidelines worksheet).

• Parenting schedules.
  You’ll also need to complete a mandatory parenting education program unless waived.

  
  

8. Understand the Waiting Period

After a judge approves your divorce:

• A “nisi” judgment kicks in, with a 90-day wait (or 120 days for some uncontested cases) before it’s final.

• You can’t remarry until this period ends, so plan accordingly.

  
  

9. Budget for Costs

Beyond filing fees, expect:

• Attorney fees (if hired—optional but common).

• Mediation costs (if negotiating terms).

• Miscellaneous expenses (e.g., appraisals for property disputes).
  Costs vary widely—uncontested divorces are cheaper and faster.

  
  

10. Know Your Next Steps

Once finalized, update your:

• Name (if changing—file separately or with the divorce).

• Insurance, bank accounts, and estate plans.

• Child support or alimony arrangements (enforce via court if needed).

  
  

Final Thoughts

Divorce in Massachusetts doesn’t have to be a mystery. With this checklist, you can tackle each step confidently. Preparation is your best ally.

Questions? Give us a call and we'll just take it one step at a time.