How to File for Divorce in Massachusetts Without a Lawyer (2026)

Massachusetts divorce is built around two paths and one unique concept that surprises nearly every filer. Understand all three before you start.

Two divorce types:

• 1A Divorce — Both spouses agree on everything and file together as joint petitioners. There is no waiting period before filing. The judge reviews your Separation Agreement for fairness. Best path for DIY.
• 1B Divorce — One spouse files a Complaint. The other responds. Used when the parties don't have a complete agreement up front or when one spouse won't cooperate.

The Nisi Period — Massachusetts is unique: After the judge signs the Judgment of Divorce Nisi, you are not yet divorced. There is a mandatory 90-day nisi period (120 days if the judgment is appealed) before the divorce becomes absolute. The divorce is final on the day the nisi period expires — not the day the judge signs.

All property, not just marital property: Massachusetts courts have the power to divide ALL property — including assets owned before the marriage, gifts, and inheritances. Judges have broad discretion. This differs significantly from most equitable distribution states.

Disclaimer: General legal information, not legal advice. Consult a licensed Massachusetts attorney for your specific situation.

Massachusetts Divorce at a Glance

Step-by-Step: Massachusetts 1A (Joint) Divorce

The 1A is the recommended DIY path when both spouses agree on all terms.

Step 1 — Confirm Residency

At least one spouse must have lived in Massachusetts for 1 year OR the grounds for divorce occurred in Massachusetts and at least one spouse currently lives there.

Step 2 — Negotiate and Draft the Separation Agreement

Before filing a 1A, you need a complete, signed Separation Agreement covering:

• Division of all real property (including pre-marital if applicable)
• Division of bank, investment, and retirement accounts
• Vehicle assignment
• All debt allocation
• Alimony — type, amount, duration, OR explicit written waiver
• If children: custody (legal and physical), visitation, child support per Massachusetts Guidelines

Both spouses sign the Separation Agreement.

Step 3 — Complete the Required Forms

Download the 1A packet from mass.gov/divorce-forms. Required forms include:

• Joint Petition for Divorce (CJD 101A)
• Separation Agreement
• Financial Statement — short form (CJD 301S) if annual income under $75,000; long form (CJD 301L) if income is $75,000 or more
• Record of Absolute Divorce or Annulment (vital statistics form)
• Certificate of Absolute Divorce or Annulment

Both spouses complete their own Financial Statements — required in every Massachusetts divorce, no exceptions.

Step 4 — File at Probate and Family Court

File at the Probate and Family Court in the county where either spouse lives. Pay the filing fee ($200–$220). Receive your case number.

Step 5 — Attend the Hearing

A 1A divorce requires a hearing — both spouses attend a brief hearing before a judge. The judge reviews the Separation Agreement and Financial Statements. The judge can:

• Approve the agreement and enter the Judgment of Divorce Nisi
• Request modifications to the agreement if the judge finds it unfair
• Decline to enter judgment if financial statements are incomplete

Step 6 — The Nisi Period

After the judge signs the Judgment of Divorce Nisi, count 90 days. Your divorce becomes absolute on Day 91 (or later). Do not assume you are divorced the day the judge signs — you are not.

If no appeal is filed during the 90 days, the nisi period automatically converts to an Absolute Divorce. You can request a Certificate of Absolute Divorce from the court after the nisi period expires.

Step 7 — After the Absolute Divorce

• Request certified copies of the Certificate of Absolute Divorce
• Name restoration: SSA → Massachusetts RMV → bank accounts
• Real estate: New deed recorded at the county Registry of Deeds
• Retirement accounts: QDRO for employer plans; IRA transfer for IRAs
• Beneficiary designations: Update all immediately

Step-by-Step: Massachusetts 1B (Complaint) Divorce

Use 1B when you don't have a complete agreement, your spouse won't cooperate, or you are using fault grounds.

Step 1 — File the Complaint for Divorce (CJD 101B)

File the Complaint at Probate and Family Court. Pay the filing fee. The Respondent is served.

Step 2 — Respondent's Answer

The Respondent files an Answer within the time set by the court (usually 20–30 days after service).

Step 3 — Financial Statements (Both Parties)

Both parties file Financial Statements. Required — the court cannot proceed without them.

Step 4 — Pretrial Conference

The court schedules a Pretrial Conference. Parties exchange financial information and attempt to resolve disputes. Many 1B cases settle before trial.

Step 5 — Trial or Settlement

If settled: both parties sign a Separation Agreement and present it to the judge for approval. If contested: trial before the judge. The judge decides all issues.

Step 6 — Judgment of Divorce Nisi → Nisi Period → Absolute Divorce

Same nisi process applies to 1B. The judgment is nisi for 90 days before becoming absolute.

Massachusetts Grounds for Divorce

No-Fault (Most Common)

• 1A: Irretrievable breakdown — joint petition, both agree
• 1B: Irretrievable breakdown (unilateral) — one spouse files; must live apart for at least 6 months after filing before judgment can enter, or wait until both agree and convert

Fault Grounds (1B only)

• Adultery
• Cruel and abusive treatment
• Desertion for 1 year
• Gross and confirmed habits of intoxication
• Sentence to confinement for 5+ years
• Non-support (refusal or neglect to support)
• Impotency at time of marriage

Free Massachusetts Divorce Resources

• Massachusetts courts divorce forms: mass.gov/divorce-forms
• Massachusetts Legal Aid: masslegalhelp.org
• Greater Boston Legal Services: gbls.org
• Massachusetts Bar Association referral: massbar.org

Last reviewed: March 2026 | Nisi period: 90 days after judgment before divorce is absolute | Financial Statements required from both parties

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.