A contested divorce in Massachusetts—known as a “1B divorce”—happens when spouses can’t agree on key issues like property, custody, or support. It’s a longer, costlier process than its uncontested counterpart, but understanding the steps can make it less daunting. Here’s your roadmap to navigating a contested divorce in the Bay State.

What Defines a Contested Divorce?

In a 1B divorce, you and your spouse disagree on one or more big-ticket items:

• How to split assets and debts.

• Whether alimony is owed, and how much.

• Child custody, support, or parenting schedules.
  You’ll file under “irretrievable breakdown” (no-fault) or, rarely, fault-based grounds like adultery or abuse, which ramps up complexity.

  
  

Step 1: Verify Residency

You can file if:

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

• The marriage breakdown occurred here, and you lived in the state as a couple.
  Residency disputes can stall your case, so confirm this upfront.

  
  

Step 2: File the Complaint

Start by filing a Complaint for Divorce (CJD-101B) at the Probate and Family Court in your county (or where you last lived together). Include:

• Report of Absolute Divorce (R-408).

• Financial Statement (short or long form, based on income).

• Filing fee: $200 plus a $15 surcharge (waivable if indigent).
  Only one spouse files—the other responds later.

Step 3: Serve Your Spouse

After filing, you must “serve” your spouse with the papers via:

• Sheriff or constable (costs $50–$100).

• Certified mail (less common).
  They have 20 days to file an Answer, agreeing or disputing your claims. No response? You can ask for a default judgment.

Step 4: Temporary Orders

While the case unfolds, request temporary court orders for:

• Child custody or support.

• Alimony or bill payments.

• Use of the home or car.
  These tide you over until the final ruling—file a motion and attend a quick hearing.

Step 5: Discovery Phase

Both sides dig for info:

• Exchange financial documents (tax returns, bank statements).

• Depositions or interrogatories (formal Q&As).

• Subpoenas for hidden assets if trust’s an issue.
  This can take months but builds your case—or exposes theirs.

Step 6: Negotiation or Mediation

Before trial, you might:

• Negotiate directly (with lawyers).

• Use mediation (Approx. $3,000–$8,000) to settle disputes.
  If you reach a deal, switch to a 1A uncontested divorce and skip the courtroom drama.

Step 7: Trial (If No Agreement)

No settlement? A judge decides:

• Property splits (equitably, not equally—think fairness).

• Custody (best interest of the child rules).

• Support (alimony or child, per guidelines).
  Trials can last days or weeks, depending on complexity.

Step 8: The Nisi Period

Post-trial, a “nisi” judgment starts a 90-day waiting period (120 days if converted from 1A). Divorce isn’t final until this ends—patience required.

Costs and Timeline

Contested divorces aren’t cheap or quick:

• Filing Fees: $215 (unless waived).

• Attorney Fees: Approx. $15,000–$50,000+ per spouse.

• Extras: Experts (e.g., custody evaluators, Approx. $1,000–$2,500) or appraisers.

• Timeline: 12–18 months, longer for messy cases.

Kids in the Mix

If children are involved:

• Both spouses must attend a parenting education program ($80 each, unless waived).

• Child support follows state guidelines; custody hinges on the child’s well-being.
  Courts can order evaluations if disputes get heated.

Why It’s Contested

Disagreements over money, kids, or principle drive these cases. It’s more adversarial, but you get a judge’s ruling when compromise fails. Preparation—docs, witnesses, patience—is your edge.

After the Dust Settles

Once final, update your life:

• Name changes (if desired).

• Finances and insurance.

• Enforce orders via court if your ex doesn’t comply.

Takeaway

A Massachusetts contested divorce is a marathon, not a sprint. It’s costlier and slower than uncontested, but it’s the path when agreement’s off the table. Arm yourself with knowledge, a good representation, and a clear goal—courts handle the rest.