Massachusetts Uncontested Divorce
File an uncontested divorce in Massachusetts without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (5-7 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$15,000-$$35,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Massachusetts?
To file an uncontested divorce in Massachusetts, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Massachusetts for 12 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Massachusetts 1A Joint Petition for Divorce (No-Fault Uncontested)
The 1A joint petition under M.G.L. c.208, Section 1A is Massachusetts' streamlined uncontested divorce process. Both spouses file together with a complete separation agreement. A hearing is typically scheduled within 30 days of filing. If the court approves the agreement, it enters a judgment of divorce nisi, which becomes absolute 120 days later (30-day delay + 90-day nisi period).
Requirements for 1A Joint Petition for Divorce (No-Fault Uncontested)
Both spouses agree the marriage has irretrievably broken down
Both spouses sign a joint petition (CJ-D 101A) or have attorneys sign on their behalf
A sworn affidavit of irretrievable breakdown is filed (jointly or separately)
A notarized separation agreement covering all issues (property, custody, support, alimony) is submitted
A certified copy of the marriage certificate is filed
Financial statements (CJ-D 301S or 301L) are filed by both parties
Parenting education course is NOT required for 1A joint petitions
How to File an Uncontested Divorce in Massachusetts
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 4 required forms for Massachusetts. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $305 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Massachusetts has a 120-day waiting period. For 1A joint petitions: After the court hearing, there is a 30-day period before the judgment of divorce nisi enters, followed by a 90-day nisi period. The divorce becomes absolute (final) 120 days after the hearing. For 1B complaints: There is a mandatory 6-month waiting period from service before the court will schedule a hearing. After the hearing, the judgment of divorce nisi enters immediately, followed by a 90-day nisi period before the divorce becomes absolute.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Massachusetts forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Massachusetts requires financial disclosure within 45 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Massachusetts's service rules carefully.