How to File for Divorce in Massachusetts: 1A vs. 1B (2026)

Disclaimer: This article provides general educational information about Massachusetts divorce procedure and is not legal advice. Court rules, forms, and fees change, and individual situations vary. Verify current requirements with the Probate and Family Court or consult a licensed Massachusetts attorney.

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Massachusetts divides no-fault divorce into two tracks with memorable names: 1A (uncontested, both spouses agree) and 1B (contested, filed by one spouse). It also has a distinctive finalization quirk — the judgment of divorce nisi, a waiting period after the judge approves your divorce before it actually becomes final. Cases are filed in the Probate and Family Court.

Massachusetts Residency Requirement

You can generally file in Massachusetts if:

• The grounds for divorce occurred in Massachusetts and you lived there as a couple, or
• You have lived in Massachusetts for one year before filing.

The Two No-Fault Paths

Both rely on the no-fault ground of an irretrievable breakdown of the marriage:

1A: Uncontested (Joint Petition)

• Both spouses agree the marriage is irretrievably broken.
• You file a Joint Petition together with a signed Separation Agreement resolving all issues.
• The court holds a hearing (often roughly 30 days after filing) to approve the agreement.

1B: Contested

• One spouse files alleging irretrievable breakdown.
• Used when spouses do not agree on the divorce or its terms.
• The case proceeds through the contested process and can convert to a 1A if the parties later settle.

Massachusetts also retains fault grounds, but the no-fault paths dominate.

The Nisi Waiting Period

This is the Massachusetts feature to understand:

• When the judge approves a 1A divorce, a judgment of divorce nisi typically enters about 30 days after the hearing.
• The nisi judgment becomes absolute (final) 90 days later.

So even in a smooth uncontested case, you are not fully divorced — and cannot remarry — until the nisi period runs (roughly 120 days after the hearing).

Step 1: Prepare and File

• 1A — file the Joint Petition, the signed Separation Agreement, financial statements, and (with children) a child support guidelines worksheet and required documents.
• 1B — file the Complaint for Divorce and serve the other spouse.

The filing fee is commonly around $215 (a base fee plus a surcharge), with a fee waiver available.

Step 2: Financial Statements

Massachusetts requires each spouse to file a sworn Financial Statement (short or long form depending on income). Accurate financial statements are essential and required in essentially every divorce.

Step 3: The Hearing and Judgment

• 1A — at the hearing, the judge reviews the Separation Agreement for fairness and, if approved, enters the judgment of divorce nisi.
• 1B — proceeds through the contested track to a judgment.

Massachusetts Is an Equitable Distribution State

Massachusetts divides property equitably under a broad set of statutory factors — fairly, not necessarily equally. Notably, Massachusetts courts can divide all property, including some acquired before the marriage, based on the statutory factors.

Common Massachusetts-Specific Pitfalls

❌ Forgetting that the divorce is not final until the nisi period runs ❌ Filing 1A without a complete, signed Separation Agreement ❌ Submitting an inaccurate or incomplete Financial Statement ❌ Missing the one-year residency option when grounds did not occur in-state ❌ Overlooking child support guidelines documents with children

Frequently Asked Questions

Q: What is the difference between a 1A and 1B divorce in Massachusetts? A: 1A is an uncontested joint petition where both spouses agree and file a separation agreement. 1B is a contested divorce filed by one spouse when the parties do not agree.

Q: How long does a Massachusetts divorce take? A: In a 1A, expect a hearing roughly 30 days after filing, then a nisi period — about 30 days to the nisi judgment and 90 more days to become absolute (roughly 120 days after the hearing).

Q: What is a judgment of divorce nisi? A: A temporary judgment that enters after approval; the divorce becomes final (absolute) only after the 90-day nisi period passes. You cannot remarry until then.

Q: Do I need a separation agreement? A: For a 1A (uncontested) divorce, yes — a signed separation agreement resolving all issues is required.

Q: How much does it cost to file? A: The filing fee is commonly around $215, with a fee waiver available for those who qualify.

How discover.legal Helps

Our platform builds the Massachusetts divorce package — the Joint Petition or Complaint, the Separation Agreement framework, and Financial Statements — formatted for the Probate and Family Court. We do not provide legal advice or file for you.

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