Filing for divorce in Massachusetts starts with picking the right set of Massachusetts divorce forms for your situation. If you and your spouse agree on everything, you file a Joint Petition (CJD-101A) together. If you’re filing alone or you don’t yet agree on terms, you file a Complaint for Divorce (CJD-101B) by yourself. Both paths run through the Probate and Family Court in the county where you last lived together or where either spouse now lives, and both carry a $200 filing fee plus a $15 surcharge.1Massachusetts Court System. Probate and Family Court Filing Fees
Pick Your Path First: Section 1A or Section 1B
The form that anchors your filing depends on whether this is a joint, agreed divorce or a one-sided filing.
Joint Petition (CJD-101A)
Use the Joint Petition for Divorce under G.L. c.208, §1A when both spouses agree the marriage is over and have already settled property, support, and custody.2Massachusetts Court System. Probate and Family Court Joint Petition for Divorce Pursuant to G.L. c.208, Section 1A (CJD 101A) A 1A filing is not complete without three documents submitted together: the petition itself, a notarized separation agreement covering all the terms, and a sworn Affidavit of Irretrievable Breakdown signed by both spouses.3General Court of Massachusetts. Massachusetts Code Chapter 208 Section 1A The clerk will reject the filing if any piece is missing.
Complaint for Divorce (CJD-101B)
If your spouse won’t cooperate or you haven’t reached agreement, file a Complaint for Divorce under G.L. c.208, §1B on your own.4Mass.gov. Probate and Family Court Complaint for Divorce (Under G.L. c. 208, Section 1B) (CJD 101B) You don’t need a separation agreement to open the case. The complaint states that the marriage has broken down irretrievably, and you file it with a certified copy of your marriage certificate.5General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 1B The court then issues a summons that has to be served on your spouse.
Fault-based grounds (adultery, cruelty, desertion, and others under Chapter 208) are filed on the general Complaint for Divorce (CJD-101), but these filings are uncommon today.
Documents Every Divorce Filing Needs
No matter which path you’re on, gather these before you file:
- A certified copy of your marriage certificate. Order one from the Massachusetts Registry of Vital Records and Statistics: $20 in person, $32 by mail, or $54 online through VitalChek. If you married out of state, contact that state’s vital records office.6Mass.gov. Order a Birth, Marriage, or Death Certificate
- The R-408 Vital Statistics form, required with every complaint or joint petition.7Mass.gov. Probate and Family Court Forms for Divorce
- A Financial Statement from each spouse (details below).
- A Military Affidavit stating whether any party is on active duty, which federal law requires.
- For 1A filings, the notarized separation agreement and the Affidavit of Irretrievable Breakdown.3General Court of Massachusetts. Massachusetts Code Chapter 208 Section 1A
Extra Forms if You Have Minor Children
Cases involving minor children carry two additional forms. The first is the Affidavit Disclosing Care or Custody Proceedings (OCAJ-1), which lists each child’s addresses for the past two years and any existing court orders about the child’s care or custody. You sign it under the penalties of perjury.
The second is the Child Support Guidelines Worksheet (CJD-304).8Mass.gov. Probate and Family Court 2025 Child Support Guidelines Worksheet (CJD 304) The worksheet walks through the calculation the court uses to set a presumptive support amount based on each parent’s income, health insurance, childcare costs, and parenting time. It follows the 2025 Child Support Guidelines, which took effect December 1, 2025.9Mass.gov. Child Support Guidelines A judge can deviate from the worksheet number and document the reasons on a separate Findings and Determinations form (CJD-305), but the worksheet itself is mandatory in every case with children.
Filling Out the Financial Statement
Supplemental Probate and Family Court Rule 401 requires each spouse to file a Financial Statement in any case involving support, asset division, or alimony.10Massachusetts Court System. Supplemental Probate and Family Court Rule 401 – Financial Statement Which version you use depends on your annual income.
If you earn under $75,000 a year, use the Short Form (CJD-301S). If you earn $75,000 or more, use the Long Form (CJD-301L). Both cover gross weekly income, taxes withheld, weekly living expenses, and a full accounting of assets and liabilities, including bank accounts, retirement funds, and real estate. The Long Form asks for more detail. You sign under the penalties of perjury, so pull pay stubs, bank statements, and tax returns before you start, and don’t estimate anything you can look up.
Two supplemental schedules may apply. Attach Schedule A if you are self-employed or own a business. Attach Schedule B if you receive rental income from investment property.11Mass.gov. Probate and Family Court Financial Statement Schedule B: Rent From Income Producing Property
How and Where to File
File at the Probate and Family Court in the county where you and your spouse last lived together, or where either of you currently resides. Massachusetts has 14 divisions, one per county. You can file in person at the Registry of Probate, by certified mail, or electronically.
Filing in Person or by Mail
Use black ink on handwritten forms so they scan cleanly. If you walk the package in, the clerk will check for signatures and completeness before taking payment. If you mail it, use certified mail for proof of delivery.
Filing Through eFileMA
Both 1A and 1B filings are accepted through eFileMA.12Mass.gov. eFiling in the Probate and Family Court Upload each document separately using its own filing code; bundling documents under one code gets the filing bounced back. Certified documents like the marriage certificate must show a legible stamp or seal in the uploaded image. Exhibits and attachments can’t be submitted electronically and have to be filed with the court separately. E-filing adds a one-time $22 convenience fee for new cases on top of the court fee, plus a credit card processing charge. If you e-file a 1B complaint, the court mails the summons to you, and you still have to arrange service the traditional way.
Fees and Fee Waivers
The filing fee is $200 for either a complaint or a joint petition, plus a statutory $15 surcharge on all new civil cases, for a total of $215.1Massachusetts Court System. Probate and Family Court Filing Fees13General Court of Massachusetts. Massachusetts Code Chapter 262 Section 4C A summons costs an additional $5. In-hand service of a divorce summons by a sheriff or constable has a statutory fee of $30 per defendant.14General Court of Massachusetts. Massachusetts Code Chapter 262 Section 8
If you can’t afford the fees, file an Affidavit of Indigency with your divorce paperwork to request a waiver.15Mass.gov. Court Forms for Indigency (Waiver of Court Fees) Submit the affidavit at the same time as the complaint or petition; you can’t file the case first and ask for a waiver later.
What Happens Once the Case Is Open
Service of Process in a 1B Case
After you file a 1B complaint, the court issues a Divorce/Separate Support Summons. You arrange for a sheriff or constable to hand-deliver the summons, complaint, and tracking notice to your spouse. The officer fills out the Return of Service on the back of the summons.16Mass.gov. Service of Process of Domestic Relations Complaints in Probate and Family Court The original summons with the completed Return of Service, not a copy, must go back to the court. Ask the sheriff whether they file it or whether that’s on you. The case can’t move forward until the Return of Service is on file.
If you can’t locate your spouse, file a Motion for Service by Alternate Means (CJP-31) along with an affidavit documenting your search.7Mass.gov. Probate and Family Court Forms for Divorce
The Automatic Financial Restraining Order
The moment a divorce complaint is filed, Supplemental Rule 411 puts an automatic restraining order on the filing spouse. It binds the other spouse once they’re served, and it stays in place until the case ends unless a judge changes it.17Mass.gov. Supplemental Probate and Family Court Rule 411 – Automatic Restraining Order While it’s in force, neither spouse may:
- Sell, transfer, hide, or dispose of property, except for reasonable living expenses, ordinary business or investment activity, and attorney’s fees.
- Take on debt that burdens the other spouse’s credit, such as drawing on a home equity line or running joint credit cards beyond normal spending.
- Change the beneficiary on any life insurance policy, pension, or retirement account without written consent or a court order.
- Remove the other spouse or any child from existing medical, dental, auto, life, or disability insurance.
Violating Rule 411 can lead to contempt. If you need to do something the exceptions don’t cover, file a motion to modify the order first.
Parent Education Course
If your divorce involves minor children and you filed under Section 1B, both parents have to complete the “Two Families Now” co-parenting education course before the case can proceed.18Mass.gov. Probate and Family Court Standing Order 3-23: Co-Parenting Education Course for Married and Unmarried Parents Joint 1A petitions are exempt.19Mass.gov. Parent Education The court can waive the requirement in individual cases, but assume you need to attend unless you receive a written waiver.
When the Divorce Actually Becomes Final
A Massachusetts divorce is not final the day the judge signs it. Every judgment enters first as a “judgment nisi,” a provisional order that becomes absolute only after a waiting period.20General Court of Massachusetts. Massachusetts Code Chapter 208 Section 21 The timeline depends on how you filed.
For a 1A joint petition, the judgment nisi enters automatically 30 days after the judge accepts your separation agreement, and the divorce becomes final 90 days after that: 120 days from approval in total.21Mass.gov. Get a No-Fault 1A Divorce For a 1B complaint, the divorce becomes final 90 days after the hearing where judgment enters.22Mass.gov. Finalizing a Divorce
You’re still legally married during the nisi period. You can’t remarry, and either party can ask the court to reconsider if new information surfaces, such as a misrepresented asset on a Financial Statement. You don’t have to do anything to make the divorce final; it happens automatically when the waiting period runs out.