Divorce in Massachusetts

How to file for divorce in Massachusetts

1. Check residency. One full year of continuous Massachusetts residency before filing, unless the marriage breakdown occurred in Massachusetts while both spouses lived there together.
2. Prepare and file the Joint Petition for Divorce (CJD-101A) or Complaint for Divorce (CJD-101) with the Probate and Family Court in your county. The filing fee is typically $215, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must file a Financial Statement (short form for income under $75,000, long form at or above $75,000).
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 90 days after judgment for a Joint Petition (1A); 120 days after judgment for a Complaint for Divorce (1B), before the divorce becomes absolute. Then ask the court for your final judgment.

Residency and grounds

Residency: One full year of continuous Massachusetts residency before filing, unless the marriage breakdown occurred in Massachusetts while both spouses lived there together.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None required for a no-fault divorce based on irretrievable breakdown.

How property is divided

Massachusetts uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Massachusetts uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Required by some Probate and Family Court judges and counties, but not a uniform statewide statutory requirement.

Child support: Massachusetts uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Under the Alimony Reform Act, general term alimony duration is capped based on marriage length for marriages under 20 years, with indefinite alimony possible only for marriages of 20 years or more.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Joint Petition for Divorce (1A): Available when both spouses agree on all terms and sign a written settlement agreement together, allowing a shorter 90-day nisi period compared to 120 days for a contested 1B Complaint for Divorce.

Legal separation: available in Massachusetts, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 90 days after judgment for a Joint Petition (1A); 120 days after judgment for a Complaint for Divorce (1B), before the divorce becomes absolute. A typical timeline is 3 to 5 months from filing for a 1A joint petition. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Massachusetts

• Massachusetts uniquely lets courts divide all property owned by either spouse, including premarital assets and inheritances, not just marital property.
• Legal separation is called 'separate support' in Massachusetts and lets spouses resolve finances and custody while remaining married.
• Child support guidelines were updated effective December 1, 2025.

Official resources

Official forms and instructions come from Massachusetts's courts. Sources we reviewed:

• mass.gov
• mass.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.