An uncontested divorce in Massachusetts can be a straightforward way to end a marriage when both spouses agree on the terms. Known as a “1A divorce,” this option saves time, money, and stress compared to drawn-out courtroom battles. Ready to explore how it works? Here’s your guide to navigating an uncontested divorce in the Bay State.

What Makes a Divorce Uncontested?

In Massachusetts, an uncontested divorce means you and your spouse agree on all key issues:

• Division of property and debts.

• Alimony (if any).

• Child custody, support, and parenting plans (if kids are involved).
  You’ll file jointly under the “irretrievable breakdown” no-fault ground, signaling that the marriage can’t be saved—no blame required.

Step 1: Meet the Residency Rules

To file, one of these must apply:

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

• The marriage breakdown happened here, and you lived in the state as a couple.
  Double-check your eligibility before starting—residency glitches can delay things.

Step 2: Hammer Out a Separation Agreement

The heart of an uncontested divorce is the separation agreement. This legally binding document spells out:

• Who gets what (house, savings, retirement accounts, etc.).

• Whether one spouse pays alimony, and for how long.

• Custody arrangements and child support (calculated via state guidelines).
  Both of you must sign it, and a judge will review it to ensure it’s fair. Pro tip: Be thorough—vague terms can cause headaches later.

Step 3: Gather Your Paperwork

You’ll need:

• Marriage certificate (original or certified copy).

• Financial statements for both spouses (short form if income’s under $75,000, long form if over).

• The separation agreement, notarized.

• Joint Petition for Divorce (CJD-101A form).

• Report of Absolute Divorce (R-408).

• Affidavit of Irretrievable Breakdown (signed by both).
  If kids are involved, add a parenting plan and child support worksheet.

Step 4: File with the Court

Take your completed packet to the Probate and Family Court in the county where you live (or last lived together). The filing fee is $200, plus a $15 surcharge in some counties—payable by cash, check, or money order. Can’t afford it? Ask for a fee waiver with an affidavit of indigency.

Step 5: Attend a Quick Hearing

Once filed, you’ll get a court date—often within a few months if everything’s in order. Both spouses must attend (unless excused), but it’s low-key:

• The judge reviews your agreement.

• You confirm the marriage is over and the terms are fair.

• If approved, a “nisi” judgment is issued.

Step 6: Wait Out the Nisi Period

Massachusetts has a mandatory waiting period after the hearing:

• 90 days for a straight 1A divorce.

• 120 days if you switched from a contested (1B) to uncontested case mid-process.
  The divorce isn’t final until this ends, so hold off on remarriage plans.

Costs and Timeline

An uncontested divorce is the budget-friendly option:

• Filing Fees: $215 total (unless waived).

• Attorney Fees: Approx. $2,000–$3,000.

• Timeline: Typically 6–9 months from filing to finalization, assuming no snags.
  Compare that to contested cases, which can drag on for over a year and cost thousands more.

Parenting Class Requirement

If you have minor kids, both spouses must complete a state-approved parenting education program (about $80 each). Skip it only if the court grants a waiver for extreme hardship.

Why Go Uncontested?

It’s faster, cheaper, and less adversarial. You control the outcome rather than leaving it to a judge. But it only works if you and your spouse can cooperate—communication is key.

Final Steps

Once the nisi period ends, your divorce is official. Update your records (name, insurance, etc.) and enforce the agreement if issues pop up (e.g., unpaid support). The court can step in if needed.

Wrapping Up

A Massachusetts uncontested divorce is a practical choice for couples ready to part ways amicably. With agreement in hand and a few forms, we'll help you get on track to close this chapter efficiently.