Massachusetts Divorce Without Children (2026)

A Massachusetts 1A divorce without children is the most accessible DIY path, though it still requires a hearing and is subject to the 90-day nisi period. The absence of children removes the most scrutinized provisions from the Separation Agreement.

The 1A Process (No Children)

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

Requirements:

• Both spouses agree the marriage has irretrievably broken down
• Both spouses agree on all property, debt, and alimony terms
• Both spouses are willing to file together and attend a hearing

Timeline:

What the Separation Agreement Must Cover (No Children)

All Real Property

Even if owned before the marriage, it should be addressed:

• Award to a specific spouse, or sale
• Equity calculation and buyout method
• Refinancing deadline and fallback
• Deed transfer to Registry of Deeds

Financial Accounts

• Each bank account (institution, account number, full balance to one or split)
• Investment accounts
• Retirement accounts (QDRO for employer plans; IRA transfer for IRAs)

Vehicles

• Each vehicle assigned; loan refinanced in keeping spouse's name

Debts

• Each joint or marital debt assigned; indemnification language

Alimony (Alimony Reform Act 2012)

• Specify type, amount, duration, and termination events, OR
• Include a clear written waiver by the recipient spouse

Financial Statements — No Exceptions

Even with no children and a simple agreed case, both spouses must file Financial Statements (short form if income under $75,000; long form if $75,000 or more). The court will not proceed without them.

At the 1A Hearing

Both spouses attend. The hearing is typically brief (20–60 minutes) if:

• The Separation Agreement is complete and fair
• Both Financial Statements are current and complete
• No unusual circumstances or imbalanced provisions

The judge reviews the agreement, may ask clarifying questions, and signs the Judgment of Divorce Nisi. The 90-day nisi period starts.

After the Nisi Period

On Day 91 after the Judgment of Divorce Nisi, the divorce becomes absolute. Request certified copies of the Certificate of Absolute Divorce. Update:

• Social Security card (name change if applicable)
• Massachusetts RMV driver's license
• Bank accounts
• Registry of Deeds (deed transfer if not yet done)
• Retirement beneficiary designations

Last reviewed: March 2026 | 1A forms: mass.gov/divorce-forms | Nisi period is 90 days after judgment, not filing

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