Reviewed August 2026
Uncontested Divorce Checklist in Massachusetts
A Massachusetts divorce is uncontested when both spouses file together under Section 1A. They submit a sworn affidavit of irretrievable breakdown. They also submit a complete, notarized separation agreement, already signed. This is a structurally distinct track, not just a label for a regular complaint. It replaces the summons-and-answer process with a single joint filing and an expedited court review. Every Massachusetts divorce, including a 1A case, starts as a judgment nisi, a provisional judgment. It becomes final 90 days later. In the 1A track, that 90-day clock does not start until 30 days after the court approves the agreement. So an uncontested divorce typically takes about 120 days total, not 90.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Massachusetts law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Massachusetts paperwork. See how Virdix works for California divorces.
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The Section 1A joint petition
Both spouses file together. No summons or answer is required, unlike with a regular complaint. The filing includes a sworn affidavit that the marriage has broken down irretrievably. It also includes a notarized separation agreement covering property, support, and, if applicable, custody.
After a hearing, the court has up to 30 days to find an irretrievable breakdown and approve the agreement. The judgment nisi then enters automatically 30 days after that approval. This is Massachusetts's uncontested track itself, not a separate simplified program layered on top of it.
If one spouse files alone
A Section 1B complaint lets one spouse file without the other's agreement. This is Massachusetts's contested track. The court cannot hold the hearing earlier than six months after filing, except to consolidate with a cross-complaint.
That hearing produces a judgment nisi. The same 90-day nisi period then runs before the divorce becomes final. A 1B case cannot become final faster than roughly six months plus case-processing time plus 90 days, even if it later becomes uncontested.
Document checklist
For the joint-petition track, file the Joint Petition for Divorce Pursuant to G.L. c. 208, Section 1A, form CJD-101A. Include the sworn affidavit and the separation agreement with it. Every divorce filing also needs the Divorce or Annulment Certification of Vital Statistics, form R-408.
A spouse who cannot afford court costs can file the Affidavit of Indigency. If checking option C, also add the Supplement to the Affidavit of Indigency. Parents in a contested Section 1B case, a paternity case, or a custody case must also complete the Two Families Now co-parenting course and file a Certificate of Completion.
Residency and grounds
Massachusetts uses a two-tier residency rule. If the grounds for divorce arose outside the state, the plaintiff needs a full year of Massachusetts residency before filing. If the grounds arose in Massachusetts, the plaintiff just needs to be domiciled there at filing. There is no fixed durational requirement in that case.
Both 1A and 1B use irretrievable breakdown as the no-fault ground. Massachusetts also keeps traditional fault grounds on the books under Section 1, including adultery and cruel and abusive treatment. The overwhelming majority of cases now proceed under 1A or 1B instead.
Sources: M.G.L. c. 208, Section 1A, joint petition (uncontested track), M.G.L. c. 208, Section 1B, contested complaint, M.G.L. c. 208, Section 21, judgment nisi and 90-day final period, M.G.L. c. 208, Section 5, residency requirement, M.G.L. c. 208, Section 1, traditional fault grounds, Mass.gov divorce self-help hub (archived copy; direct site blocks automated access)
Not independently confirmed
- Mass.gov, the Massachusetts Probate and Family Court's official forms and self-help site, blocks automated page requests, so its individual form pages could not be directly verified for this draft. The statute text on malegislature.gov and an archived copy of the mass.gov divorce hub were used instead. Confirm current form revisions directly on mass.gov before filing.
- The exact current Probate and Family Court filing fee for a Section 1A or 1B divorce was not independently confirmed against a directly loadable primary source. Confirm the current fee with the filing county's Probate and Family Court.
Uncontested Divorce Checklist in Massachusetts: frequently asked questions
What is Massachusetts's Section 1A joint petition?+
A genuinely separate uncontested divorce track under G.L. c. 208, Section 1A. Both spouses file together. They submit a sworn affidavit of irretrievable breakdown and a complete, notarized separation agreement, skipping the summons and answer process. After a hearing, the court has up to 30 days to approve the agreement. The judgment nisi then enters 30 days after that.
How long does an uncontested Massachusetts divorce take?+
Roughly 120 days, not 90, from the court's approval of the separation agreement to final judgment in a Section 1A case. That is because the required 90-day judgment nisi period does not start until 30 days after the agreement is approved. A judgment nisi is a provisional judgment. It becomes absolute only after that period runs.
What if my spouse will not agree to file a joint petition?+
You can file a Section 1B complaint alone, citing irretrievable breakdown. This is Massachusetts's contested track. The court cannot hold a hearing earlier than six months after filing. Even if the case later becomes uncontested, it still cannot finalize faster than roughly six months plus case-processing time plus the 90-day judgment nisi period.
What is Massachusetts's residency requirement for divorce?+
It depends on where the grounds for divorce arose. If they arose outside Massachusetts, the plaintiff needs a full year of Massachusetts residency before filing. If they arose within Massachusetts, the plaintiff just needs to be domiciled in the state at the time of filing. No fixed number of months is required in that case.
Can I get Massachusetts court fees waived?+
Yes, if you cannot afford the fees. File the Affidavit of Indigency, used across all Massachusetts trial courts. If you check option C on that form, also file the Supplement to the Affidavit of Indigency. Both forms are available through the Probate and Family Court's official forms list.
Do we need a parenting class if we have minor children in Massachusetts?+
It depends on the track. Under Probate and Family Court Standing Order 3-23, parents in a contested Section 1B divorce, paternity case, or custody case must complete the Two Families Now co-parenting course. It is a 4-hour online class costing 49 dollars per parent, fee-waivable through the Affidavit of Indigency. Limited waivers exist for documented safety concerns and similar situations.
This page is general information about uncontested divorce checklist in Massachusetts, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Massachusetts's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Massachusetts. Virdix does not prepare or file Massachusetts divorce paperwork. It is not a substitute for an attorney licensed in Massachusetts.
More Massachusetts divorce guides
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