Am I Eligible to File for Divorce in Massachusetts? (2026)

Work through this eligibility checklist before filing. Massachusetts has a residency requirement, a choice between 1A and 1B procedures, and a mandatory Financial Statement requirement.

Disclaimer: General legal information only. Consult a licensed Massachusetts attorney for your situation.

Section 1 — Residency

Massachusetts requires one of the following:

• 1-year residency: At least one spouse has lived in Massachusetts for the 1 year immediately before filing → ✅ Eligible
• Grounds occurred in Massachusetts: The grounds for divorce occurred in Massachusetts AND at least one spouse currently lives in Massachusetts → ✅ Eligible
• Neither applies: You cannot yet file in Massachusetts → ❌

File in the Probate and Family Court in the county where either spouse lives.

Section 2 — 1A or 1B?

1A Joint Petition — Use When:

• Both spouses agree the marriage is irretrievably broken
• Both spouses agree on ALL property division, debt allocation, and alimony terms
• If children: both spouses agree on legal custody, physical custody, parenting schedule, and child support
• Both spouses are willing to attend a brief court hearing together
• Both spouses will sign the Joint Petition and Separation Agreement

If all checked → ✅ File a 1A. Fastest, lowest-cost Massachusetts divorce path.

1B Complaint — Use When:

• One spouse doesn't agree or won't cooperate
• Parties need time to work out the agreement through the court process
• One spouse is using fault grounds
• Parties cannot reach full agreement before filing

Section 3 — Financial Statement Readiness

Both parties must file a Financial Statement (short or long form) in every Massachusetts divorce. This is not optional.

Short Form (CJD 301S): Annual income under $75,000 Long Form (CJD 301L): Annual income $75,000 or more

Each spouse completes their own, current Financial Statement. Gather:

• Current monthly income (all sources)
• Current monthly expenses (housing, utilities, food, transportation, insurance, etc.)
• List of all assets (real estate, bank accounts, retirement accounts, vehicles, investments)
• List of all liabilities (mortgage, car loans, credit cards, student loans)
• Recent pay stubs and tax returns

Without complete Financial Statements from both parties, the judge will not proceed.

Section 4 — All-Property Division

Massachusetts courts have jurisdiction over all property — not just property acquired during the marriage. Pre-marital property, gifts, and inheritances may all be considered.

Before filing, assess:

• All real estate owned by either spouse (including pre-marital)
• All bank and investment accounts (including pre-marital)
• All retirement accounts (with pre-marital balance noted)
• All vehicles
• Any inherited property or gifts received during the marriage
• Business interests

This broad property scope makes financial transparency essential. Your Financial Statements must be complete and accurate.

Section 5 — Children

If minor children are involved (under 18):

• A detailed Separation Agreement or court order addressing legal custody, physical custody (parenting schedule), and child support is required
• Child support must be calculated using the Massachusetts Child Support Guidelines — cannot be waived without written findings
• If parents cannot agree, the court determines custody and support based on the best interest of the child standard

Section 6 — Alimony Assessment

Under the Massachusetts Alimony Reform Act of 2012, alimony has 4 types with durational limits tied to the length of the marriage. In your Separation Agreement, either:

• Specify the alimony type, amount, and duration, OR
• Include a written waiver of alimony by the recipient spouse

Last reviewed: March 2026 | 1A = joint petition; 1B = complaint | Financial Statements required in all MA divorces

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