Massachusetts Divorce Checklist
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Prepared: 5/20/2026
Data updated: 3/1/2026
Estimated Timeline
4-6 months for an uncontested 1A divorce (includes 120-day nisi period after hearing), 12-18 months for a contested 1B divorce (includes 6-month mandatory waiting period before hearing eligibility plus 90-day nisi period). Complex contested cases involving significant assets, custody disputes, or trial proceedings may extend to 24 months or longer.
Documents to Gather
- Certified copy of marriage certificate
- Government-issued photo ID (driver's license or passport)
- Social Security cards for both spouses
- Birth certificates for all minor children(if applicable)
- Prenuptial or postnuptial agreement (if applicable)(if applicable)
- Prior court orders (restraining orders, custody orders, support orders)(if applicable)
- Immigration documents (if applicable)(if applicable)
Financial Documents
- Federal and state income tax returns for the past 3 years
- Recent pay stubs (last 4-8 weeks)
- Bank statements for all accounts for the past 3 years
- Retirement account statements for the past 3 years
- Brokerage and investment account statements for the past 3 years
- Real estate deeds and mortgage statements
- Vehicle titles and loan statements
- Life insurance policy declarations
- Health insurance policy and cost documentation
- Credit card statements showing current balances
- Student loan, auto loan, and personal loan documentation
- Business ownership documents (if applicable)(if applicable)
- Loan and mortgage applications from the past 3 years
Key Steps
1. Before Filing
- Verify Residency Requirements
- Determine Your Divorce Type: 1A Joint Petition or 1B Complaint
- Obtain a Certified Copy of Your Marriage Certificate
- Gather Essential Financial Documentation
- Draft a Separation Agreement (Required for 1A, Recommended for 1B)
- Create a Safety Plan If Domestic Violence Is a Concern
2. Filing Process
- Complete the Appropriate Divorce Petition or Complaint Form
- Complete the Certificate of Absolute Divorce (Form R-408)
- Prepare Your Financial Statement (Form CJD-301S or CJD-301L)
- Complete Child-Related Forms (If Minor Children Are Involved)
- File Your Divorce Papers with the Probate and Family Court
3. After Filing
- Serve Your Spouse (1B Contested Divorce Only)
- Comply with the Automatic Restraining Order (Rule 411)
- Respond to the Complaint (Defendant in 1B Divorce Only)
- Exchange Mandatory Financial Disclosures (Rule 410)
- Complete the Parent Education Course (If Minor Children Involved in 1B Divorce)
- Request Temporary Orders If Immediate Relief Is Needed
- Participate in Discovery and Negotiations (1B Contested Divorce)
- Attend the Divorce Hearing and Obtain Judgment of Divorce Nisi
- Wait Through the Nisi Period Until Judgment Absolute
Key Deadlines
Quick Reference
To file for divorce in Massachusetts, you must first establish residency under Chapter 208, Sections 4-5 — one spouse must be domiciled in the Commonwealth, with a one-year minimum if the grounds arose elsewhere. Choose between a 1A joint petition ($215 filing fee, both spouses agree on all terms, requires notarized separation agreement) or a 1B contested complaint ($220 filing fee, one spouse files unilaterally). File in the Probate and Family Court in the county where you last lived together as spouses. For a 1B divorce, serve your spouse within 90 days via sheriff or constable — the defendant has 20 days to file an Answer. Both parties must exchange financial statements within 45 days under Rule 401 (Short Form CJD-301S under $75,000 income, Long Form CJD-301L at $75,000 or above) and comprehensive financial disclosures under Rule 410. Parents in contested cases with children must complete the 'Two Families Now' co-parenting course within 60 days of service under Standing Order 3-23. A 1B divorce requires a six-month waiting period before a hearing; a 1A hearing can be scheduled immediately. After the hearing, the nisi period begins: 120 total days for 1A divorces, 90 days for 1B divorces. Massachusetts is an equitable division state under Section 34.