Ready to start? Gather your documents and use our checklist to prepare your divorce papers today.
Get your divorce papersWhat Divorce Papers needs to be valid in Massachusetts
- You or your spouse must have lived in Massachusetts for at least one year before filing.
- You must state the grounds for divorce, such as irretrievable breakdown (no-fault) or fault grounds like adultery or cruelty.
- Complete all required divorce forms, including the Complaint for Divorce (CJD 101), and any additional forms such as the Financial Statement (CJD 304) and Child Support Guidelines Worksheet if applicable.
- If you have minor children, you must attend a Court Approved Parent Education Program within 45 days of filing.
- Sign the forms in front of a notary public (unless e-filing electronically).
- Pay the filing fee (unless you qualify for a fee waiver).
How to set up a Divorce Papers in Massachusetts
- Gather the necessary information: You'll need details about your marriage, income, assets, debts, and any children.
- Complete the divorce forms: Fill out the Complaint for Divorce, and any other required forms based on your situation (e.g., if you have children or property).
- Notarize your signatures: Sign the forms in front of a notary public, unless you are e-filing.
- File the forms with the Probate and Family Court in the county where you or your spouse reside.
- Serve the divorce papers to your spouse: This can be done by sheriff or constable, or you may ask your spouse to accept service by signing a waiver.
- Attend your court hearing (if needed) and await the judge's judgment of divorce.
How much it costs
The filing fee for a divorce in Massachusetts is typically $240, but it can vary by county. If you cannot afford the fee, you can apply for a fee waiver by filing an Affidavit of Indigency. Additional costs may include notary fees, service of process fees, and fees for required parent education classes.
Before Starting Your Massachusetts Divorce
Gather the right documents and understand the rules to avoid delays when filing your divorce papers in Massachusetts.
- Confirm you meet residency requirements — you or your spouse must have lived in Massachusetts for at least one year before filing.
- Decide between a joint or sole petition — joint petitions often require agreement on all issues; sole petitions have different fees and waiting periods.
- Gather necessary information: full legal names, dates of birth, marriage date, and details about any children, property, and debts — the court needs complete, accurate data.
- Prepare financial statements — the court requires both parties to disclose income, expenses, assets, and liabilities; incomplete financial statements can delay proceedings.
- Check if you qualify for a fee waiver if you cannot afford the filing fee — you'll need to submit a financial statement and possibly appear before a judge.
- Ensure you have a proposed separation agreement if filing an uncontested divorce — both signatures must be notarized (not just witnesses) for the agreement.
- File in the correct court: the Probate and Family Court in the county where either you or your spouse resides — filing in the wrong court can cause rejection.
Questions people ask
What is the difference between an uncontested and contested divorce in Massachusetts?
An uncontested divorce means both spouses agree on all issues (property, debt, child custody, and support). In Massachusetts, this can be filed as a Joint Petition (no-fault) or a Complaint for Divorce where the other spouse agrees. A contested divorce involves disagreements and typically requires more time, forms, and court hearings.
Do I need a lawyer to file divorce papers in Massachusetts?
No, you can file for divorce on your own (pro se). The court provides self-help resources and forms. However, consulting a lawyer is recommended if your situation is complex, such as involving significant assets, businesses, or disputes over custody.
How long does it take to get a divorce in Massachusetts?
An uncontested divorce can be finalized in as little as 4-6 months, depending on court scheduling. Contested divorces take longer, sometimes a year or more. The timeline also depends on whether you have children, as the parent education class is required.
Can I file for divorce in Massachusetts if I just moved here?
You or your spouse must have been a resident of Massachusetts for at least one year before filing for divorce in the state. If you haven't met that requirement, you may need to wait or file in another state.