Massachusetts Divorce Checklist — Step-by-Step (2026)

This checklist covers both 1A (joint) and 1B (complaint) paths. Most DIY filers use the 1A path.

Phase 1 — Pre-Filing: 1A Preparation

• Confirm residency: 1 year in Massachusetts, OR grounds occurred in MA and one spouse lives there
• Confirm this is a 1A situation: both agree on all terms
• Identify which Probate and Family Court (county where either spouse lives)
• Gather financial documentation for both spouses:
  • Current pay stubs (at least 2 most recent)
  • Last 2–3 years of federal and state tax returns
  • Bank and investment account statements (all accounts)
  • Retirement account statements (401k, IRA, pension)
  • Mortgage statement (current balance, monthly payment)
  • Vehicle loan statements
  • Credit card statements
  • Any business interest documentation
• List all assets — include pre-marital assets, any gifts, any inheritances
• List all liabilities

Phase 2 — Draft the Separation Agreement

• Negotiate all terms with your spouse:
  • Real estate (including any pre-marital property)
  • Bank and investment accounts
  • Retirement accounts (QDRO or IRA transfer)
  • Vehicles
  • Debts (allocation + indemnification)
  • Alimony (type, amount, duration — or written waiver)
  • If children: legal custody, physical custody, parenting schedule, child support
• Draft the Separation Agreement
• Both spouses review and sign the Separation Agreement

Phase 3 — Complete Required Forms

• Download the 1A packet from mass.gov/divorce-forms:
  • Joint Petition for Divorce (CJD 101A)
  • Separation Agreement
  • Financial Statement — Short Form (CJD 301S) for each spouse under $75k income; Long Form (CJD 301L) for $75k+ income
  • Record of Absolute Divorce or Annulment (vital statistics)
  • Certificate of Absolute Divorce or Annulment
• Both spouses complete their own Financial Statements
• Review all forms for accuracy

Phase 4 — File at Probate and Family Court

• Make 3+ copies of the complete packet
• File at the Probate and Family Court Clerk's office in your county
• Pay filing fee ($200–$220)
• Receive case number
• Get hearing date scheduled

Phase 5 — Attend the 1A Hearing

• Both spouses attend the hearing (required for 1A)
• Bring originals and copies of all filed documents
• Judge reviews Separation Agreement and Financial Statements
• If judge approves: Judgment of Divorce Nisi is entered
• Note the date the Judgment of Divorce Nisi is entered — nisi clock starts

Phase 6 — The Nisi Period

• Count 90 days from the date of Judgment of Divorce Nisi
• On Day 91 (or the first business day after), the divorce becomes absolute
• If no appeal is filed during the 90 days: nisi period converts automatically
• Request a Certificate of Absolute Divorce from the court after nisi expires
• Request 3–5 certified copies

Phase 7 — Post-Divorce

• Name restoration: Social Security Administration → Massachusetts RMV → bank accounts
• Real estate: Prepare new deed → record at county Registry of Deeds
• Vehicles: Massachusetts RMV title transfer
• Retirement accounts: QDRO for employer plans (401k, pension); IRA transfer for IRAs
• Beneficiary designations: Update 401k, IRA, life insurance, annuities immediately
• Health insurance: Arrange new coverage within 60 days of absolute divorce

1B Quick Checklist (Contested or Complaint Path)

• File Complaint for Divorce (CJD 101B) at Probate and Family Court
• Pay filing fee
• Serve Respondent with Summons and Complaint
• Respondent files Answer
• Both parties complete and exchange Financial Statements
• Attend Pretrial Conference
• Attempt settlement; if resolved, submit Separation Agreement
• Judgment of Divorce Nisi → 90-day nisi period → Absolute Divorce

Quick Reference

Last reviewed: March 2026 | Forms: mass.gov/divorce-forms | Probate and Family Court by county

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