Types of Divorce in Massachusetts: 1A, 1B, and Fault Grounds

There are three types of divorce in Massachusetts: a no-fault uncontested divorce under Section 1A, a no-fault contested divorce under Section 1B, and a fault-based divorce alleging specific misconduct. All three run through the Probate and Family Court.1Mass.gov. About the Probate and Family Court Which one fits your situation comes down to how much you and your spouse agree, and whether you want the reason for the divorce on the record.

No-Fault Uncontested Divorce Under Section 1A

A 1A filing is a joint petition. Neither spouse is the plaintiff or defendant; you both sign as joint petitioners and tell the court the marriage has suffered an irretrievable breakdown.2General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 1A

To use this path, you have to file a notarized separation agreement with the petition. That agreement must resolve every open issue between you: how property and debts are divided, whether either spouse receives alimony, and, if you have children, the full custody, parenting time, and child support arrangement.2General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 1A One unresolved issue is enough to disqualify you from 1A.

At the hearing, a judge reviews the agreement, and if the terms are fair, the court enters a judgment. A 120-day nisi period then runs before the divorce is final.3Mass.gov. Finalizing a Divorce The upfront negotiation is the price of admission; in exchange you get the fastest, cheapest, and least adversarial process available.

No-Fault Contested Divorce Under Section 1B

When both spouses agree the marriage is over but cannot agree on the terms, or when only one spouse wants the divorce, the case proceeds as a 1B filing under M.G.L. c. 208, § 1B. One spouse files the complaint, and the other is served as the defendant.4Mass.gov. Probate and Family Court Complaint for Divorce Under GL c 208 1B CJD 101B This is the most common route when there are real disputes about property, custody, or support.

A statutory six-month waiting period runs from the filing date before the court will hold a hearing on the merits. That window gives spouses time to negotiate, exchange financial information through discovery, or try mediation. If you reach a full agreement during the six months, the case can sometimes convert to a 1A filing, which shortens what remains. If disputes are still on the table, the judge holds a trial and decides for you. After judgment, a 90-day nisi period must pass before the divorce is final.3Mass.gov. Finalizing a Divorce

Fault-Based Divorce

Massachusetts still recognizes fault grounds under M.G.L. c. 208, § 1. One spouse files against the other and must prove specific misconduct. The recognized grounds are adultery, impotency, desertion for at least one continuous year before filing, a confirmed pattern of excessive drinking or drug use, cruel and abusive treatment, failure to provide support despite the ability to do so, and a prison sentence of five or more years.5General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 1

The filing spouse carries the burden of proof. Whichever ground you allege, you have to produce evidence at trial: testimony, documents, police reports, or other records. Fault cases tend to be longer, more expensive, and more emotionally taxing than no-fault filings. Most people choose this route only when the misconduct is serious enough that they want it on the record, or when they believe proving fault will influence property division or alimony. Like a 1B divorce, the nisi period after judgment is 90 days.3Mass.gov. Finalizing a Divorce

Which Type Fits Your Situation

The sorting question is straightforward. Do you and your spouse already agree on every financial and parenting issue, and are you both willing to sign a joint petition? If yes, file 1A. If you both want to end the marriage but the terms are still open, or if only one of you wants out, file 1B; you can still settle before trial, and many 1B cases do. Choose a fault-based filing only when you can prove one of the statutory grounds and there is a concrete reason to put that finding on the record.

Timing follows the same logic. A 1A can move as quickly as you can finish the separation agreement, followed by the 120-day nisi. A 1B builds in a six-month wait before a merits hearing, then 90 days of nisi. Fault cases run on the 1B track for scheduling but often take longer because of the evidence involved.

Residency Requirements Before You Can File

Regardless of type, you have to meet the residency rules under M.G.L. c. 208, §§ 4 and 5. If you and your spouse lived together in Massachusetts and one of you still lives here when the cause for divorce arose, either spouse can file. If the cause arose outside Massachusetts, at least one spouse must have lived in the Commonwealth for a full year immediately before filing. Massachusetts will not grant a divorce if you moved to the state specifically to obtain one.6General Court of Massachusetts. Massachusetts General Laws Chapter 208 Section 4 The court also generally will not act if the spouses never lived together as a married couple in the Commonwealth, unless the one-year residency rule is met.7General Court of Massachusetts. Massachusetts General Laws Chapter 208

Forms and Filing Fees by Type

The paperwork depends on which route you take:

Every divorce also requires a Rule 401 Financial Statement from both spouses within 45 days after the complaint is served, and at every hearing involving financial matters. It is signed under oath.10Mass.gov. File the Long Financial Form If you have minor children, add a Child Support Guidelines Worksheet and an Affidavit Disclosing Care or Custody Proceedings.11Mass.gov. Get a No-Fault 1A Divorce

In a 1B or fault case, the filing spouse must formally deliver the summons and complaint to the other spouse through a sheriff or professional process server, and proof of service must be filed with the court before the case moves forward. A 1A does not require service because both spouses sign together.

The filing fee is $200 plus a $15 surcharge, for a total of $215. Contested and fault cases add a $5 summons fee.12Mass.gov. Probate and Family Court Filing Fees If you cannot afford these costs, you can file an Affidavit of Indigency asking the court to waive them.11Mass.gov. Get a No-Fault 1A Divorce

The Nisi Period: When Your Divorce Actually Ends

Even after a judge approves your divorce, it is not immediately final. Massachusetts imposes a waiting period called the nisi period between judgment and the date the divorce takes full legal effect. For a 1A, it is 120 days from the date of judgment. For a 1B or fault-based case, it is 90 days from the date of the hearing if judgment is entered.3Mass.gov. Finalizing a Divorce

During the nisi period you are still legally married and cannot remarry. You do not need to take any action; the divorce becomes final automatically when the waiting period expires, and the court will not send you a separate decree. If you need official proof, you can request a Certificate of Divorce Absolute from the court.3Mass.gov. Finalizing a Divorce