If you and your spouse agree on the terms of your divorce—including how to divide property, handle support, and, if applicable, create a parenting plan—you can file for an uncontested divorce in Massachusetts, also called a “1A divorce” or “no-fault 1A divorce.” This is a much faster, less expensive, and less adversarial way to get divorced than doing a “1B” or “contested divorce”.
This guide walks you through every step of the 1A divorce filing process: what forms you need, where and how to file them, what happens at the court hearing, and how long it takes before your divorce is final. If the process gets too complicated–the court forms don’t make sense or the court rejects your paperwork for no apparent reason. I would be happy to mediate your divorce. You can call me at 413-253-7484. I have mediated over 1,800 Massachusetts divorces, and I am happy to make the process work for you too.
Massachusetts has two basic types of divorce. A contested divorce (1B) is filed when the spouses cannot agree on one or more terms, and they need a judge to order a parenting, plan, support, and division of asset. This process involves multiple court hearings, legal discovery, and often takes a year or more—at a cost of $10,000 or more per spouse.
An uncontested divorce (1A) is filed when both spouses agree on the terms of the divorce and those terms are put in writing in a separation agreement. Because there is nothing for a judge to decide–you have already made the decisions–the court process is simpler: you file your paperwork, attend a single brief hearing, and the judge approves your agreement. The entire process typically costs a fraction of what a contested divorce costs and can be completed in as little as two to three months from the time you send in your paperwork.
To qualify for a 1A divorce in Massachusetts, you and your spouse must agree on all of the following issues before filing:
If you and your spouse are in basic agreement on these issues but need help putting them into a legally acceptable separation agreement, divorce mediation with an attorney is the most efficient way to do it. An attorney mediator helps you work through each issue, one at a time, and then drafts all of the legal documents for you.
Before you can file for divorce in Massachusetts, you must meet the state’s residency requirements under G.L. c. 208, § 5:
If you report that the irretrievable breakdown of the marriage occurred in Massachusetts (for example, you were together in MA when the marriage ended), you can file immediately as long as one of you still lives in the state. There is no waiting period.
If you report that the breakdown occurred outside of Massachusetts before either of you lived here, you must have lived in Massachusetts for at least one year before filing.
As long as one of you lives in Massachusetts, and you report on the forms that the breakup of the marriage occurred here, you can proceed with a MA 1A divorce.
Filing an uncontested (1A) divorce in Massachusetts requires submitting a specific set of forms to the Probate and Family Court in your county. You can download all official forms from the Massachusetts court system website. Here is every document you need, with a brief explanation of the function of the document:
1. Joint Petition for Divorce (Form CJD-101A)
This is the form that officially asks the court to grant your divorce. It identifies both spouses, states when and where you were married, when you last lived together, and identifies any minor children. Both spouses must sign it. Court officials sometimes refer to this as “the 1A form.”
2. Separation Agreement
This is the most important document in your 1A divorce. It is a written contract between you and your spouse that spells out the terms of your divorce. When the judge signs it, it becomes a court order. The separation agreement specifies how property and debts are divided, custody and parenting arrangements (if you have children under 18), child support (if you have dependent children under 23), alimony (if applicable), health insurance, life insurance, taxes, and any other agreements you have made. Both spouses must sign the separation agreement in front of a notary. There is no single mandatory form for the separation agreement, but in September 2024 the state released a confusing, poorly-designed sample separation agreement template that can be used. When you work with divorce mediator Attorney Julia Rueschemeyer, she will draft a more logical, clearer separation agreement for for you based on the decisions you make in mediation.
3. Joint Affidavit of Irretrievable Breakdown
This is simply a statement signed by both spouses confirming that the marriage has irretrievably broken down (i.e., cannot be repaired). This “irretrievable breakdown” is the legal basis for your uncontested divorce
4. Financial Statements (one from each spouse)
This is the second most important set of of documents, after the separation agreement. Each spouse must complete a financial statement disclosing income, expenses, assets, and debts. These documents simply disclose and enumerate financial information–you decisions about what to do with you income, assets, and debts are in your Separation Agreement. Massachusetts uses two versions:
These forms are poorly-designed, confusing, and laborious to fill out. You will spend considerable time filling out sections (e.g. weekly expenses) that play no role whatsoever in a 1A divorce. Consult our divorce mediation checklist for a complete list of financial documents and information that you will need to consult as you fill out this form.
5. Report of Absolute Divorce or Annulment (Form R-408)
A statistical form that provides information to the Massachusetts Registry of Vital Records and Statistics. This is a required form even though it is not used or referenced in your divorce proceedings. It is simply for Massachusetts State record keeping.
6. Certified Copy of Your Marriage Certificate
You must submit either the original or a certified copy. The court does NOT return this to you after the divorce. You can obtain a certified copy from the city or town where you were married or from the Massachusetts Registry of Vital Records. A photocopy or church certificate is not accepted and may lead the court to reject your entire filing.
7. Child Care or Custody Disclosure Affidavit
This form identifies any previous or ongoing court proceedings or order involving custody of your children, e.g. DCYF, custody, or restraining orders.
8. Child Support Guidelines Worksheet
This worksheet calculates child support based on Massachusetts guidelines. You can calculate your child support right now with our free Massachusetts Child Support Calculator and download a court-ready worksheet.
9. Findings and Determinations for Child Support and Post-Secondary Education (Form CJD-305)
If your child support amount deviates from the standard guidelines, this form is where you document the reasons why your child support amount deviates. You must fill it out even if you are NOT deviating from the state guideline amount.
10. Military Affidavit
Some courts require this form even in 1A cases. It states whether either spouse is or has been in the military. I
11. Affidavit of Indigency
If you cannot afford the $215 filing fee, you can request a fee waiver by filing this form.
Massachusetts has 14 Probate and Family Courts, one for each county, and some counties have multiple courthouse locations. You must file in the correct court:
For a complete directory of all 14 courts—including addresses, phone numbers, Zoom virtual registry hours, and a town-by-town county lookup—see our Where to File for Divorce in Massachusetts guide.
You can file your documents by mailing them to the court, dropping them off in person at the registry of probate, or through the eFileMA electronic filing system (availability varies by court).
The filing fee for a 1A divorce in Massachusetts is $215. You can pay by bank check, money order (made payable to the Commonwealth of Massachusetts), cash, or (at some courts) credit card. Personal checks are not accepted at most courts.
This filing fee is the same in all 14 counties and applies to both 1A and 1B divorces. If you qualify for a fee waiver, submit an Affidavit of Indigency with your filing.
The $215 filing fee is separate from any fees you pay for divorce mediation or legal representation. Mediation fees are typically shared by both spouses and cover the preparation of all court documents, which means you don’t need to hire a separate attorney to draft your paperwork.
After you file your 1A divorce papers, the court will mail you a hearing date, typically 1-3 months after your filed documents are acknowledged and appear on the court Massachusetts court records online.
The hearing itself should be brief—typically 10 to 15 minutes. Here is what to expect:
Both spouses must attend (in person or via Zoom, depending on the court). A judge will ask you both, under oath, a series of standard questions to confirm that you have read the separation agreement, that you understand its terms, and that you agree to everything in it. The judge also confirms that neither spouse is being coerced. If you have children, the judge will ask whether the agreement serves the children’s best interests.
If the judge finds the agreement fair and reasonable, the judge approves it. In some cases, a judge may ask you to modify a specific provision or add a sentence or phrase somewhere. If that happens, you can often make the change the same day and have the judge review it again. This is an advantage of in-person hearings–judges may want a small detail modified, and if you are in-person, you can take care of it without resubmitting paperwork and scheduling an entirely new hearing. For a more detailed walkthrough of a 1A hearing, see our blog post about what to expect at your 1A divorce hearing.
The total timeline for an uncontested divorce in Massachusetts typically breaks down as follows:
Reaching agreement and preparing documents: If you use divorce mediation, you can often come to agreement on all issues and receive a complete draft of all court documents within a few days of your first mediation session. A second meeting to finalize the agreement is typically scheduled within a few weeks. Do-it-yourself preparation takes longer, as the forms can be confusing and the separation agreement must be carefully drafted.
If you prepare your own documents, there is a high likelihood that the court will reject them. This can happen multiple times for a do-it-yourself filer, thus adding months to the amount of time it takes to get divorced.
Waiting for your court date: After filing, courts typically schedule your hearing 1-3 months out, though county-specific backlogs can extend this.
The 120-day Nisi period: After the judge approves your agreement at the hearing, there is a mandatory 120-day waiting period before the divorce becomes final (“absolute”). This breaks down into 30 days for the judgment of divorce nisi to enter, followed by 90 additional days before it becomes absolute. During this period, you are still technically, legally married, even though you long since have separated your affairs and been following the terms of the divorce agreement. Use our divorce timeline calculator to see the exact date your divorce will become final.
Total from filing to final divorce: For most couples, the entire process to be “absolutely” divorced, takes approximately 4 to 7 months from the date of filing, including the mandatory waiting period.
Here is the complete process in steps:
Step 1: Reach tentative agreement with your spouse on divorce terms. You must agree on division of property, child support, custody, alimony, insurance, and taxes before you can file a 1A. If you need help reaching agreement, divorce mediation is the fastest and most cost-effective way to do it. You will finalize these agreements in Step 2, the separation agreement.
Step 2: Complete your financial statements. In your financial statements, you will disclose income, assets, and debts. Your separation agreement will refer aspects of your financial statements (e.g., accounts you are dividing). You will also need to fill out the Joint Petition (CJD-101A), Joint Affidavit of Irretrievable Breakdown, R-408, and child-related forms if applicable before filing. See the complete checklist above.
Step 3: Write your separation agreement. This legal document puts your agreements into writing and must be signed by both spouses in front of a notary. An attorney mediator can draft this for you, or you can use the state’s poorly-designed sample template as a starting point.
Step 4: Obtain a certified copy of your marriage certificate. Request it from the city or town where you were married or from the Massachusetts Registry of Vital Records.
Step 5: File (mail or drop off) your documents with the correct Probate and Family Court. Determine which court to file in based on where you and your spouse last lived together. Include the $215 filing fee. File by mail (certified), in person, or electronically through eFileMA.
Step 6: Wait for your court date. The court will mail you a hearing date, typically 2 to 4 months after filing. You can check the status of your filing online.
Step 7: Attend your hearing. Both spouses attend a brief hearing (usually 10–15 minutes, in person or via Zoom). The judge asks whether you understand and agree to the separation agreement, then approves it. See our blog post on what to expect at your 1A hearing.
Step 8: Wait 120 days from your court date for the divorce to become final. After the judge approves your agreement, the divorce judgment is not absolute for 120 days. Use our divorce nisi calculator to find the exact date.
Step 9: Handle post-divorce tasks. After your divorce is final, you’ll need to update beneficiaries on retirement accounts and insurance policies, update your will, notify relevant agencies, and handle any property transfers. Download our post-divorce checklist for a complete list.
Yes. If you or your spouse already filed a contested (1B) divorce but you are now able to reach agreement on all terms, you can convert your case to an uncontested 1A. When you file your 1A papers (joint petition, separation agreement, and supporting documents), they replace the 1B papers in the same case file with the same docket number. Your case is then treated as an uncontested divorce going forward.
This happens more often than people realize. Many couples begin with a contested filing, spend months and thousands of dollars in litigation, and then realize that mediation can resolve their remaining disagreements in a fraction of the time and cost. If you find yourself in this situation, call 413-253-7484 to learn how mediation can help you convert your case.
A 1A divorce has two challenges: a) reaching agreement with your spouse and b) making your separation agreement and other court forms acceptable to the court.
When you work with an attorney mediator, you get help with both the agreement and the paperwork. As a mediator dedicated 100% to divorce mediation in Massachusetts, I guide you through every issue—property division, child support, alimony, pension division, parenting schedules, and more—and I prepare every court document you need. I mail them to you with instructions showing exactly where to sign, along with an envelope pre-addressed and stamped to the correct court.
Most couples complete the mediation process in two sessions and receive all court-ready documents within days. Compare this to the months or years a contested case can take, and the typical mediation cost shared by both spouses versus $10,000+ per person in litigation.
Ready to get started? Call Julia Rueschemeyer at 413-253-7484 for a free phone consultation, or schedule an appointment online.
No. You are not required to work with an attorney or have an attorney represent you. Many couples file on their own (called filing “pro se”) or work with a divorce mediator who prepares all documents. However, consulting with an attorney—especially to review the separation agreement—can help you avoid costly mistakes. If your spouse tends to be the more assertive partner, independent legal advice can be valuable to make sure the agreement is fair.
A 1A divorce (uncontested) means both spouses agree on all terms and file jointly. A 1B divorce (contested) means one spouse files alone, either because the other disagrees on one or more terms or refuses to participate. In a 1A divorce, you decide the terms of the divorce; in a 1B divorce, the judge decides the terms. A 1B divorce is significantly more expensive, time-consuming, and adversarial. See our detailed comparison on the uncontested vs. contested divorce page.
You cannot file a 1A divorce until you agree on all terms. Divorce mediation is specifically designed to help couples bridge these remaining gaps. A skilled mediator can suggest creative solutions and help you understand the range of outcomes so you can reach a fair agreement.
Massachusetts is expanding electronic filing through eFileMA, but not all courts accept electronic filings for all case types. Filing by mail with certified delivery remains the most reliable method for all 14 courts.
For uncontested 1A divorces you are not required to complete a parenting education course or submit a certificate.
In an uncontested 1A divorce, you are getting divorced by agreement. At any point, up to and including the divorce hearing, if one spouse refuses to agree to the divorce, there is no divorce.
It is not uncommon for a judge (or their clerk) to ask for modifications. Sometimes an agreement appears unfair or incomplete—for example, if child support deviates significantly from the guidelines without adequate explanation, or if the agreement fails to address a required issue. In other cases, judges and clerks misunderstand the agreement or have inconsistent, idiosyncratic requirements about details of the paperwork. You can often make corrections the same day if your hearing is in person. Working with an experienced attorney mediator greatly reduces the risk of rejection because the agreement is drafted to meet the court’s expectations from the start.