Filing for divorce in Massachusetts without a lawyer is possible when both spouses agree on major issues. Massachusetts offers a 1A Divorce — the simplest and fastest option — for couples who agree on all terms. The filing fee is approximately $200. This guide explains every step of the DIY divorce process in Massachusetts.
Types of divorce in Massachusetts
Massachusetts has two main types of no-fault divorce:
- 1A Divorce (Joint Petition) — both spouses file together with a signed Separation Agreement. This is the fastest and simplest option for uncontested cases.
- 1B Divorce — one spouse files stating the marriage has broken down irretrievably. Used when both spouses agree the marriage is over but one spouse files alone.
For most DIY divorces in Massachusetts, the 1A Joint Petition is the recommended option.
Massachusetts residency requirement
Massachusetts has specific residency requirements depending on where the marriage took place:
- If the marriage took place in Massachusetts — either spouse must currently live in Massachusetts
- If the marriage took place outside Massachusetts — either spouse must have lived in Massachusetts for at least 12 months before filing
You must file in the Probate and Family Court of the county where either spouse lives.
Massachusetts divorce waiting period
For a 1A Joint Petition, Massachusetts requires a 30-day waiting period after the hearing before the divorce becomes final — called the “nisi period.” The divorce is not final until after this 30-day period expires. The total process from filing to final divorce typically takes 4–8 months depending on court scheduling.
Step-by-step divorce process in Massachusetts
Step 1 — Download Massachusetts divorce forms
Massachusetts divorce forms are available from the Massachusetts Courts website at mass.gov/courts. Massachusetts provides free self-help forms and instructions for both 1A and 1B divorces.
Step 2 — Prepare the Separation Agreement
For a 1A Joint Petition, both spouses must sign a Separation Agreement before filing. This agreement covers all property division, debts, spousal support, and — if applicable — child custody and support. The Separation Agreement must be notarized.
Step 3 — File at your county Probate and Family Court
Both spouses file the Joint Petition for Divorce together at the Probate and Family Court in your county. The filing fee is approximately $200. Suffolk County (Boston) and Middlesex County may have slightly different administrative fees.
Step 4 — Attend the hearing
The court schedules a brief hearing after filing. Both spouses must appear. The judge reviews the Separation Agreement, asks a few questions to confirm both spouses entered the agreement voluntarily, and approves the divorce. The divorce enters the 30-day nisi period after the hearing.
Step 5 — Divorce becomes final after 30 days
After the 30-day nisi period expires, the divorce becomes absolute. The court issues a Certificate of Absolute Divorce. Neither spouse needs to appear in court for this step.
Required forms for divorce in Massachusetts
- CJD 101A — Joint Petition for Divorce
- CJD 301 — Affidavit of Irretrievable Breakdown
- Financial Statement (both spouses — short or long form depending on income)
- Separation Agreement signed and notarized by both spouses
- R-408 — Record of Absolute Divorce or Annulment
- If children are involved: Parenting Plan and Child Support Guidelines Worksheet
All forms are available free at mass.gov/courts.
How much does a divorce cost in Massachusetts?
The court filing fee in Massachusetts is approximately $200. For a DIY 1A Joint Petition, your total cost is typically $200–$400. Attorney fees for an uncontested divorce in Massachusetts typically range from $1,500 to $5,000. Contested divorces with attorneys can cost $15,000–$50,000 or more — Massachusetts has some of the highest divorce attorney fees in the country.
How long does a divorce take in Massachusetts?
For a 1A Joint Petition in Massachusetts, the process from filing to final divorce typically takes 4–8 months including the 30-day nisi period. The timeline depends largely on how quickly the court can schedule the initial hearing. Contested divorces typically take 12–24 months or longer.
Frequently asked questions — Massachusetts divorce
What is the nisi period in Massachusetts?
The nisi period is a mandatory 30-day waiting period after the divorce hearing before the divorce becomes absolute. During this period either spouse can file a motion to prevent the divorce from becoming final, though this is rare. After 30 days the divorce is final and the court issues a Certificate of Absolute Divorce.
Is Massachusetts a no-fault divorce state?
Yes. Massachusetts allows no-fault divorce through the 1A Joint Petition or the 1B individual filing. Both are based on the irretrievable breakdown of the marriage. Massachusetts also allows fault-based grounds including adultery, desertion, and cruel and abusive treatment.
Do both spouses need to appear in court in Massachusetts?
Yes. For a 1A Joint Petition in Massachusetts, both spouses must appear at the initial hearing. The hearing is typically brief — the judge reviews the Separation Agreement and asks a few questions before approving the divorce.
Is Massachusetts an equitable distribution state?
Yes. Massachusetts is an equitable distribution state. The court divides marital property fairly based on factors including the length of the marriage, each spouse’s contributions, economic circumstances, and the needs of any children.
What if I cannot afford the Massachusetts divorce filing fee?
If you cannot afford the filing fee, you can apply for a fee waiver by filing an Affidavit of Indigency with the court. If your income is below the poverty guidelines, the court may waive the filing fee and other court costs.
Divorce guides in other states
Divorce laws vary significantly by state. Select your state below to find the complete guide.
- Virginia
- Colorado
- Texas
- California
- Florida
- New York
- Illinois
- Georgia
- Michigan
- Ohio
- Pennsylvania
- New Jersey
- Arizona
- Washington
- Missouri
- North Carolina
- Alabama
- Alaska
- Arkansas
- Connecticut
- Delaware
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Minnesota
- Mississippi
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- North Dakota
- Oklahoma
- Oregon
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- West Virginia
- Wisconsin
- Wyoming
Legal disclaimer
The information on this page is for general educational purposes only and does not constitute legal advice. Divorce laws in Massachusetts vary by county and individual circumstances. If your divorce involves significant assets, children, or disputes, consider consulting a licensed attorney in Massachusetts.