Divorce Resources in Massachusetts: Court Forms, Legal Aid & Filing Guide

To file for divorce in Massachusetts, you must file in the Probate and Family Court in the county where you or your spouse resides. If either spouse still lives in the county where you last lived together, you must file there under M.G.L. c. 208, § 6. Massachusetts offers two no-fault paths: a joint petition under § 1A when both spouses agree on all terms, or a contested complaint under § 1B when they do not. The filing fee is $215 (a $200 statutory fee under M.G.L. c. 262, § 40 plus a $15 surcharge), payable by check, money order, cash, or credit card. You may also file electronically through eFileMA at efilema.com, available 24 hours a day in all Probate and Family Court divisions.

For an uncontested 1A divorce, both spouses sign a Joint Petition (CJD-101A), a notarized separation agreement covering custody, child support, alimony, and property division, an Affidavit of Irretrievable Breakdown, and a Record of Absolute Divorce (R-408) for the Registry of Vital Records. If minor children are involved, you must also file a Child Care or Custody Disclosure Affidavit under Trial Court Rule IV. After filing, the court schedules a hearing where both spouses must appear unless a written attendance waiver is granted. The judge reviews the agreement and, if approved, issues a Judgment of Divorce Nisi. The divorce becomes absolute 120 days after the judgment date.

For a contested 1B divorce, one spouse files a Complaint for Divorce (CJD-101B) along with the R-408 form. The complaint must be served on the other spouse by a constable or sheriff, costing approximately $50 to $75. An automatic restraining order under Supplemental Probate Court Rule 411 takes effect upon filing for the plaintiff and upon service for the defendant, restricting both parties from selling, transferring, or encumbering assets. The defendant has 20 days to file an Answer (CJD-201) and may file a Counterclaim (CJD-202) at no additional fee. Both parties must exchange Financial Statements within 45 days of service under Rule 401.

Under Supplemental Probate and Family Court Rule 410, both parties in a 1B divorce must exchange mandatory self-disclosure documents within 45 days of service. Required documents include three years of federal and state tax returns with all schedules, W-2s, 1099s, and K-1s; three years of statements for all bank accounts, retirement accounts, and investment accounts; any loan or mortgage applications from the past three years; and health insurance documentation. If minor children are involved, both parents must complete the court-approved "Two Families Now" co-parenting course under Standing Order 3-23 within 30 days of registration, which must occur within 30 days of service. The course costs $49 per parent and may be waived by the court.

Massachusetts requires both parents to complete a co-parenting education course in contested divorce cases involving minor children under Probate and Family Court Standing Order 3-23, effective February 12, 2024. The court-approved course is called "Two Families Now," a 4-hour online course that parents may take at their own pace using a computer, tablet, or smartphone. Each parent must register within 30 days after service of the Complaint and complete the course within 30 days of registration. The Certificate of Completion must be filed with the court within 14 calendar days of course completion. The course fee is $49 per parent, which may be waived by the court upon motion. Joint petitions filed under M.G.L. c. 208, § 1A are exempt from the mandatory course requirement. The court may impose sanctions on parties who fail to complete the course. A waiver may be granted upon motion if there is a demonstrable showing of unsafe parental communication, language barriers, incarceration, or if a written parenting agreement has been submitted.

Massachusetts does not mandate mediation as a prerequisite for filing or finalizing a divorce under M.G.L. c. 208. However, the Probate and Family Court strongly encourages alternative dispute resolution and judges have discretion to refer parties to mediation during case management under Standing Order 2-17, which establishes family-centered case resolution procedures. The Massachusetts Office of Public Collaboration provides dispute resolution services, and the court maintains a list of approved mediators. Mediation is particularly recommended in contested 1B cases to resolve disputes over custody, parenting time, child support, alimony, and property division. Parties may voluntarily engage a private mediator at any time. If mediation is court-ordered, a party may seek a waiver by demonstrating that mediation would be inappropriate, such as in cases involving domestic violence. More information is available through the court's Alternative Dispute Resolution program at mass.gov/alternative-dispute-resolution.

Massachusetts imposes mandatory financial disclosure requirements in all divorce cases through two Supplemental Probate and Family Court Rules. Under Rule 401, both parties must file and exchange Financial Statements within 45 days of service of the summons and at all court hearings involving alimony, child support, property division, or other financial matters. Parties with annual gross income under $75,000 file the Short Form (CJD-301S); those with income of $75,000 or more file the Long Form (CJD-301L). Under Rule 410, parties in contested 1B divorces must exchange additional mandatory self-disclosure documents within 45 days of service, including: three years of federal and state tax returns with all W-2s, 1099s, and K-1s; three years of statements for all bank, brokerage, retirement, and investment accounts; any loan or mortgage applications from the past three years; financial statements or statements of assets and liabilities prepared in the past three years; and health insurance documentation. Self-employed parties must also file Schedule A. Parties have an ongoing obligation to supplement disclosures as material changes occur. Failure to comply may result in sanctions including attorney's fees, exclusion of evidence, or case dismissal. Rule 410 disclosures are generally not required in uncontested 1A divorces, though Rule 401 financial statements are still mandatory. The automatic restraining order under Supplemental Rule 411 prohibits both parties from selling, transferring, encumbering, concealing, or disposing of any property during the divorce proceedings, effective upon filing for the plaintiff and upon service for the defendant.