Divorce in Massachusetts, start to finish
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Massachusetts doesn’t have a “simplified” divorce like some states — it has two completely different legal tracks, 1A and 1B, and which one you’re on changes every form, every deadline, and how long you’re stuck waiting. Nobody explains that clearly. This does.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in Massachusetts, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
1A — Joint Petition for Divorce
MGL c.208 §1A
Available only where all of these are true:
- Both spouses sign the petition together and file it jointly.
- There is a written agreement covering everything — property, debts, support, and, where there are minor children, custody and parenting time.
- The separation agreement is already real: signed and notarized. The statute requires it, and this is the one divorce document MGL c.208 §1A explicitly requires a notary for.
1B — Complaint for Divorce
MGL c.208 §1B
This is the route wherever either of these is true:
- The spouses have not agreed, in writing, on everything — property, debts, support, and, where there are minor children, custody and parenting time.
- The spouses will not both sign the petition and file it jointly.
Grouped exactly as Massachusetts labels them. This state does not publish direct PDF links for these, so they are listed by number for the state’s own catalog.
All 4 forms
- R-408 — Divorce or Annulment Certification of Vital Statistics
- CJD-301S / CJD-301L — Financial Statement — short form under $75k income, long form at or above. Recommended on the 1A route even though not always required for an uncontested 1A; on the 1B route it is due within 45 days of service.
- CJD 304 — Child Support Guidelines Worksheet — where there are minor children
- CJD 305 — Findings and Determinations for Child Support — where there are minor children and the order deviates from the guidelines
1A 1 form
- CJD 101A — Joint Petition for Divorce (G.L. c.208 §1A)
1B 6 forms
- CJD 101B — Complaint for Divorce (G.L. c.208 §1B)
- CJD 201 — Answer to Complaint for Divorce — the responding spouse files this
- CJD 915 — Notice to Parents: Mandatory Co-Parenting Course (Two Families Now) — where there are minor children
- CJD 444 — Motion to Waive Attendance at the Co-Parenting Course — where there are minor children and a waiver is sought
- TC0002 — Military Affidavit
- CJP 31 — Motion for Service by Alternate Means — where a spouse cannot be located
You may e-file, but you do not have to
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in Massachusetts.
- Portal
- eFileMA
- Paper
- Still accepted — you can file over the counter.
- What it costs
- $22.00 one-time eFile submission fee on case initiation, card surcharge 2.89% of the fees total for credit card; $0.25 additional for eCheck
- Account
- Only if the party chooses to e-file. Self-represented litigants are expressly among those the system 'allows… to easily file court documents.' No registration fee published.
- With a fee waiver
- Fee waivers are available via 'Affidavit of Indigency and Request for Waiver.' Whether the waiver reaches the $22.00 eFile submission fee and the 2.89% card charge is not expressly stated.
- Worth knowing
- For a Massachusetts divorce, e-filing is optional for everyone — attorneys included. The Probate and Family Court has eFiling in all divisions but has not made it mandatory, and any case type or filing code not on the approved list must go by mail or in person regardless. The $22 initial eFile fee plus 2.89% card charge means e-filing costs a self-represented Massachusetts filer more than paper does.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency | None named | — |
| 2 | 1A: sign the separation agreement, notarized or 1B: file alone | None named | — |
| 3 | File at the Probate and Family Court $215 (1A) or $220 (1B) | None named | $200 · $15 · $5 |
| 4 | 1B only: get your spouse served they then have 20 days to answer | None named | — |
| 5 | 1B only: exchange financial disclosure 45 days from service | None named | — |
| 6 | If you have kids and haven’t agreed on everything: the “Two Families Now” course | None named | $49 |
| 7 | 1B: wait out the 6 months from filing 1A: wait for your hearing date | None named | — |
| 8 | Attend the hearing | None named | — |
| 9 | Judgment of Divorce Nisi enters | None named | — |
| 10 | Judgment becomes Absolute 90 days after Nisi | None named | $20 |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Filing fee — Complaint for Divorce (1B) or Joint Petition (1A): $200 + $15 surcharge | $215 |
| Summons issuance (1B and fault only — a 1A joint petition has nobody to summons) | $5 |
| Sheriff or constable service of process (1B only) — MGL c.262 §8(a)(2) sets $30 in hand, §8(a)(3) $5 an attested copy, §8(a)(19) 32¢ a mile; Norfolk County publishes a flat $65 | $35 + travel |
| “Two Families Now” parent education course, per parent (1B with kids, if not waived) | $49 |
| eFileMA one-time e-filing fee, if you e-file (optional) | $22 |
| Certificate of Divorce Absolute, per certified copy | $20 |
| Typical all-in, 1A, doing it yourselves | ~$215–260 |
| Typical all-in, 1B with kids, doing it yourselves | ~$305–440 |
The short version8 points · tap one to jump to it
- The two routes, and what the rule requires — Every Massachusetts divorce is either a 1A — a joint petition both spouses file together, with the separation agreement already signed — or a 1B, where one spouse files, the other is served, and there is real waiting built in.
- Every form Massachusetts publishes for a divorce — Every form here is free from the Massachusetts Trial Court.
- Getting the forms, signing them, and filing — Massachusetts's rules here are different from most states, and getting them backwards costs you real money or a rejected filing.
- Your deadlines, calculated — Massachusetts's deadlines run on completely different math depending on your track.
- The order it actually happens in
- The rejection-proofing checklist — If you're not actually done negotiating, you're on the 1B track whether you meant to be or not.
- Financial disclosure — the Rule 401 Financial Statement — Due within 45 days of service in a 1B case (Supplemental Rule 401 & Rule 410); strongly recommended alongside a 1A petition even though it isn't always required to be filed for an uncontested joint case.
- What this costs — File an Affidavit of Indigency with the clerk.
In this subject 8
1 · The two routes, and what the rule requires
The short version8 points · tap one to jump to it
- The two routes, and what the rule requires — Every Massachusetts divorce is either a 1A — a joint petition both spouses file together, with the separation agreement already signed — or a 1B, where one spouse files, the other is served, and there is real waiting built in.
- Every form Massachusetts publishes for a divorce — Every form here is free from the Massachusetts Trial Court.
- Getting the forms, signing them, and filing — Massachusetts's rules here are different from most states, and getting them backwards costs you real money or a rejected filing.
- Your deadlines, calculated — Massachusetts's deadlines run on completely different math depending on your track.
- The order it actually happens in
- The rejection-proofing checklist — If you're not actually done negotiating, you're on the 1B track whether you meant to be or not.
- Financial disclosure — the Rule 401 Financial Statement — Due within 45 days of service in a 1B case (Supplemental Rule 401 & Rule 410); strongly recommended alongside a 1A petition even though it isn't always required to be filed for an uncontested joint case.
- What this costs — File an Affidavit of Indigency with the clerk.
In this subject 8
Every Massachusetts divorce is either a 1A — a joint petition both spouses file together, with the separation agreement already signed — or a 1B, where one spouse files, the other is served, and there is real waiting built in. Which one a case is on changes every form, every deadline, and how long the wait runs, so the two routes are set out below with the conditions the statute attaches to each.
Residency comes first. MGL c.208 §5 requires either one year of Massachusetts residency before filing, or that the filing spouse is domiciled here now and the reason for the divorce happened here while the spouses lived here together. Neither route is open until one of those is true.
1A — Joint Petition for Divorce
MGL c.208 §1A
The most direct route Massachusetts offers. Both spouses sign one petition, file it together, and submit their signed separation agreement with it. There is no service of process, no defendant, and no six-month floor before a hearing.
Available only where all of these are true:
- Both spouses sign the petition together and file it jointly.
- There is a written agreement covering everything — property, debts, support, and, where there are minor children, custody and parenting time.
- The separation agreement is already real: signed and notarized. The statute requires it, and this is the one divorce document MGL c.208 §1A explicitly requires a notary for.
Expect roughly 120 days total from the hearing to a final, absolute divorce: 30 days for the judge to approve the agreement, then a 90-day nisi period that runs no matter what. Where a 1A joint petition is filed with a full custody agreement attached, an automatic exemption from the mandatory parent education course is very likely.
1B — Complaint for Divorce
MGL c.208 §1B
The route Massachusetts uses whenever a divorce is not a fully-agreed joint filing. It covers everything from mostly agreed but not filing together, to genuinely contested. One spouse files a complaint, the other is served and may file an answer.
This is the route wherever either of these is true:
- The spouses have not agreed, in writing, on everything — property, debts, support, and, where there are minor children, custody and parenting time.
- The spouses will not both sign the petition and file it jointly.
It takes longer by design: the court cannot hold a hearing until six months after the case is filed, no matter how cooperative both spouses are. A 1B case can still be switched to a 1A joint petition later if full agreement is reached before the 1B case is resolved.
2 · Every form Massachusetts publishes for a divorce
The complete list for both routes, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to. Every form here is free from the Massachusetts Trial Court.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Massachusetts handles divorce, and every form below is published free by Massachusetts itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Massachusetts family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | |
|---|---|---|---|
| CJD 101A | Joint Petition for Divorce (G.L. c.208 §1A) | 1A | Download |
| CJD 101B | Complaint for Divorce (G.L. c.208 §1B) | 1B | Download |
| — | Affidavit of Irretrievable Breakdown — signed under penalties of perjury | 1A | Download |
| — | Separation Agreement — must be notarized; a sample is published. Filed with the petition on the 1A route; drafted once terms are reached on the 1B route. | All | Download |
| R-408 | Divorce or Annulment Certification of Vital Statistics | All | Download |
| CJD 201 | Answer to Complaint for Divorce — the responding spouse files this | 1B | Download |
| CJD-301S / CJD-301L | Financial Statement — short form under $75k income, long form at or above. Recommended on the 1A route even though not always required for an uncontested 1A; on the 1B route it is due within 45 days of service. | All | see clerk |
| — | Child Care or Custody Disclosure Affidavit — where there are minor children | All | Download |
| CJD 304 | Child Support Guidelines Worksheet — where there are minor children | All | see clerk |
| CJD 305 | Findings and Determinations for Child Support — where there are minor children and the order deviates from the guidelines | All | Download |
| CJD 915 | Notice to Parents: Mandatory Co-Parenting Course (Two Families Now) — where there are minor children | 1B | Download |
| CJD 444 | Motion to Waive Attendance at the Co-Parenting Course — where there are minor children and a waiver is sought | 1B | see clerk |
| TC0002 | Military Affidavit | 1B | Download |
| CJP 31 | Motion for Service by Alternate Means — where a spouse cannot be located | 1B | see clerk |
| — | Affidavit of Indigency — only where a fee waiver is requested | All | Download |
Every one of these is free. Download fresh each time — clerks reject superseded revisions, and saved copies go stale. Where a stable direct-download link could not be confirmed, this list says “see clerk” rather than guess — ask your Probate and Family Court clerk’s office or check mass.gov’s divorce forms list directly.
3 · Getting the forms, signing them, and filing
Massachusetts’s rules here are different from most states, and getting them backwards costs you real money or a rejected filing.
You may e-file, but you do not have to Your choice
- Portal
- eFileMA
- Paper
- Still accepted — you can file over the counter.
- What it costs
- $22.00 one-time eFile submission fee on case initiation, card surcharge 2.89% of the fees total for credit card; $0.25 additional for eCheck
- Account
- Only if the party chooses to e-file. Self-represented litigants are expressly among those the system 'allows… to easily file court documents.' No registration fee published.
- With a fee waiver
- Fee waivers are available via 'Affidavit of Indigency and Request for Waiver.' Whether the waiver reaches the $22.00 eFile submission fee and the 2.89% card charge is not expressly stated.
- Worth knowing
- For a Massachusetts divorce, e-filing is optional for everyone — attorneys included. The Probate and Family Court has eFiling in all divisions but has not made it mandatory, and any case type or filing code not on the approved list must go by mail or in person regardless. The $22 initial eFile fee plus 2.89% card charge means e-filing costs a self-represented Massachusetts filer more than paper does.
Step one — download them free
All Probate and Family Court divorce forms live in one place, at no cost:
mass.gov — Probate and Family Court forms for divorce
Mass.gov usually links two copies of the same form: one hosted on courtforms.jud.state.ma.us that you fill in and print, and a savable PDF under mass.gov/doc/… that lets you stop partway through and come back. Either is accepted — use whichever lets you save your progress.
Step two — fill them in
Type your answers rather than handwriting them where the form allows it — it’s faster to read for the clerk and for the judge. Leave nothing blank: write “N/A” where a field doesn’t apply to you. Use your full legal name exactly the same way on every document.
Step three — signing, and the notary question people get wrong
Massachusetts does not require most of these forms to be notarized. That surprises people coming from other states. Here’s exactly what needs what:
| Document | Signing requirement |
|---|---|
| Separation Agreement | Must be notarized. This is the one document MGL c.208 §1A explicitly requires a notary for. |
| Joint Petition (CJD 101A) / Complaint (CJD 101B) | Signed by both parties (or their attorneys). No notary required. |
| Affidavit of Irretrievable Breakdown | Signed under the penalties of perjury. No notary required. |
| Financial Statement, short or long form | Signed under the penalties of perjury. No notary required. |
| Affidavit of Indigency | Signed under the penalties of perjury. No notary required. |
People assume every divorce document needs a notary the way a will or a deed does. In Massachusetts, only the separation agreement does. Signing “under the penalties of perjury” is a legal statement, not a formality — lying on it is a crime — but it does not require a notary’s seal.
Massachusetts passed a law authorizing remote online notarization in 2023, but as of this writing the Secretary of the Commonwealth’s office had not yet finished the regulations and approved-platform list needed to actually use it. Don’t count on doing your separation agreement over video call the way you might in Florida or Connecticut — check sec.state.ma.us’s remote online notarization page for current status, and otherwise use an in-person notary: your bank (often free for account holders), a UPS Store or shipping shop, or a mobile notary.
Step four — file it
You can file in person or by mail with the Probate and Family Court in the right county — generally where you and your spouse last lived together, if either of you still lives there, or otherwise where either of you lives now. You can also e-file.
Self-represented filers are not required to e-file in the Probate and Family Court. If you do, it goes through efilema.com, runs 24/7, and adds a one-time $22 e-filing fee plus card processing on top of the regular filing fee. Nine divisions — Bristol, Dukes, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Plymouth, and Worcester — require e-filed documents at least 3 business days before a scheduled hearing, so don’t file the morning of.
The court issues the summons after you file — there’s no separate form for you to prepare. You then need to have your spouse formally served, by a sheriff or constable (MGL c.262 §8 sets this statewide, not by county: $30 for service in hand, $5 an attested copy and 32¢ a mile each way — so about $35 plus travel, and Norfolk County publishes a flat $65) or, if they’re cooperative, they can accept service directly. Either way, get proof of service on file — the six-month clock for a 1B divorce runs from when you filed, but the court needs proof your spouse was properly served before it will act.
4 · Your deadlines, calculated
Massachusetts’s deadlines run on completely different math depending on your track. Tell us your track and your dates, and we’ll turn every rule into an actual date on your calendar — then export the whole thing to Google Calendar, Apple Calendar, or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
These are the specific things that stall a Massachusetts filing or bounce it back — every one of them costs weeks.
Signing and paperwork
You cannot file a 1A joint petition on the promise that you’ll “work out the details later.” The statute requires the notarized separation agreement to already resolve property, support, and custody — if it’s not ready with the petition, it must be filed within 90 days of filing or your case stalls. If you’re not actually done negotiating, you’re on the 1B track whether you meant to be or not.
Forms people forget
Timing
You cannot remarry during the nisi period — not even the day before it ends. Doing so is a crime in Massachusetts. And a 1B hearing genuinely cannot happen before six months from filing, full stop — no judge, no clerk, and no amount of urgency moves that date.
7 · Financial disclosure — the Rule 401 Financial Statement
Due within 45 days of service in a 1B case (Supplemental Rule 401 & Rule 410); strongly recommended alongside a 1A petition even though it isn’t always required to be filed for an uncontested joint case. The statement itself gets filed with the court and served on your spouse — unlike some states, this one isn’t kept out of the court file.
Under $75,000 gross annual income before taxes: file the short form (CJD-301S). At or above $75,000: file the long form (CJD-301L). Filing the short form on higher income is one of the most common reasons a financial statement gets kicked back. Both are signed under the penalties of perjury — neither is notarized.
8 · What this costs
| Item | Cost |
|---|---|
| Filing fee — Complaint for Divorce (1B) or Joint Petition (1A): $200 + $15 surcharge | $215 |
| Summons issuance (1B and fault only — a 1A joint petition has nobody to summons) | $5 |
| Sheriff or constable service of process (1B only) — MGL c.262 §8(a)(2) sets $30 for service in hand of “an original summons and complaint for divorce”, §8(a)(3) $5 for attesting each copy and §8(a)(19) 32¢ a mile each way. The same section governs constables. Norfolk County, the one office publishing a figure, says the statutory items come to a flat $65 in state, $36 for each extra defendant at the same address. | $35 + travel |
| “Two Families Now” parent education course, per parent (1B with kids, if not waived) | $49 |
| eFileMA one-time e-filing fee, if you e-file (optional) | $22 |
| Certificate of Divorce Absolute, per certified copy | $20 |
| Typical all-in, 1A, doing it yourselves | ~$215–260 |
| Typical all-in, 1B with kids, doing it yourselves | ~$305–440 |
File an Affidavit of Indigency with the clerk. If the court finds you can’t afford it, filing fees — and often the parent education course fee — are waived. It’s decided by the court, not automatic, but the form is free and short.
Does cheating change the money in Massachusetts?
The statute says nothing either way, which is not the same as permission. What we read: § 53(a) omits conduct, though it ends in an open catch-all. How all fifty states answer this.
Reconciled, and it did not work? We read Massachusetts’s code and found no forgiveness provision in it, which is not the same as the doctrine being dead there: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
What this is. A guide to Massachusetts’s own process, built from the Massachusetts General Laws (c.208), the Massachusetts Rules of Domestic Relations Procedure, the Probate and Family Court’s Supplemental Rules 401 and 410, Standing Order 3-23, and the Probate and Family Court’s published forms and self-help pages at mass.gov/orgs/probate-and-family-court. The forms themselves are free from mass.gov and this guide links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Massachusetts requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney. Many offer free consultations, and one hour of advice is cheaper than one mistake.
Facts worth double-checking before you rely on them. Exact per-county sheriff/constable service fees vary and weren’t independently confirmed for every county. The “Two Families Now” course’s exact registration-to-completion day counts are set by individual case orders under Standing Order 3-23 and can vary; treat our dates as estimates. Remote online notarization’s rollout status in Massachusetts changes as regulations are finalized — check the Secretary of the Commonwealth’s site before assuming it’s available. Always confirm the current fee and form revision with your specific Probate and Family Court division, since practice can vary slightly by county.
Four things can happen to the house in a Massachusetts divorce
Massachusetts is one of the twenty. The moment a petition is filed, an automatic order takes effect on both of you, barring either from selling or encumbering property. Nobody is served with it separately and nobody explains it. Breaking it is contempt.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in Massachusetts?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about Massachusetts specifically. Every figure on these pages is quoted from Massachusetts’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Modifying custody and parenting time after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 15 Massachusetts divorce forms, listed by the number the clerk will ask for — 11 with an official form number, 11 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the Massachusetts form list →
Common questions about filing for divorce in Massachusetts
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in Massachusetts?
This page sets out the order it happens in for Massachusetts: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in Massachusetts?
The form list on this page gives the official Massachusetts form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in Massachusetts?
$215 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for Massachusetts, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in Massachusetts.
What gets a Massachusetts divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in Massachusetts rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in Massachusetts?
There is a timeline on this page built from Massachusetts’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
Massachusetts’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in Massachusetts?
Probably not, but for a different reason than you might think: Massachusetts’s support statute contains no misconduct factor at all. Silence is not permission and it is not a prohibition — seventeen states are in this position, and in them the written rule simply does not address it. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
1A — joint petition, No minor children
| Step | When | What it means |
|---|---|---|
| Joint Petition filed | The day you file | The clock starts here. There’s no fixed statutory wait before the court can schedule your hearing — it depends on the court’s calendar. |
| Hearing date | The day your spouse is served (or signs a waiver) | Both of you attend. The judge reviews your separation agreement. |
| Judgment of Divorce Nisi enters | 30 days after service | MGL c.208 §1A — 30 days after the court’s approval of your agreement, assumed here to be the hearing date itself. |
| Deadline to file your separation agreement, if not filed with the petition | 90 days after filing | MGL c.208 §1A — the agreement must be on file within 90 days of filing. |
| Judgment becomes Absolute | 120 days after service | MGL c.208 §21 — 90 days after the nisi judgment (30+90=120 days after your hearing). You cannot remarry before this date. |
1A — joint petition, With minor children
| Step | When | What it means |
|---|---|---|
| Joint Petition filed | The day you file | The clock starts here. There’s no fixed statutory wait before the court can schedule your hearing — it depends on the court’s calendar. |
| Hearing date | The day your spouse is served (or signs a waiver) | Both of you attend. The judge reviews your separation agreement. |
| Judgment of Divorce Nisi enters | 30 days after service | MGL c.208 §1A — 30 days after the court’s approval of your agreement, assumed here to be the hearing date itself. |
| Deadline to file your separation agreement, if not filed with the petition | 90 days after filing | MGL c.208 §1A — the agreement must be on file within 90 days of filing. |
| Judgment becomes Absolute | 120 days after service | MGL c.208 §21 — 90 days after the nisi judgment (30+90=120 days after your hearing). You cannot remarry before this date. |
1B — one spouse files, No minor children
| Step | When | What it means |
|---|---|---|
| Complaint for Divorce filed | The day you file | The clock starts here. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their clock starts now. |
| Their answer is due | 20 days after service | Mass. R. Dom. Rel. P. 12(a) — 20 days from service. |
| Financial disclosure due — Rule 401 & Rule 410 | 45 days after service | File your Financial Statement with the court and serve your spouse; exchange Rule 410 documents directly. |
| Earliest possible hearing / nisi date | 180 days after filing | MGL c.208 §1B — no hearing, and no judgment, before six months from filing. This is a floor, not a target. |
| Earliest possible Judgment Absolute | 270 days after filing | 90 days after the earliest possible nisi (MGL c.208 §21). Your actual date depends on your court’s calendar and whether you’re still negotiating. |
1B — one spouse files, With minor children
| Step | When | What it means |
|---|---|---|
| Complaint for Divorce filed | The day you file | The clock starts here. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their clock starts now. |
| Their answer is due | 20 days after service | Mass. R. Dom. Rel. P. 12(a) — 20 days from service. |
| Financial disclosure due — Rule 401 & Rule 410 | 45 days after service | File your Financial Statement with the court and serve your spouse; exchange Rule 410 documents directly. |
| Approximate deadline: Two Families Now course, if not waived | 90 days after service | Standing Order 3-23 — required if custody/parenting time isn’t fully agreed. Exact registration and completion windows are set by the court’s case-management order, so treat this date as an estimate. |
| Earliest possible hearing / nisi date | 180 days after filing | MGL c.208 §1B — no hearing, and no judgment, before six months from filing. This is a floor, not a target. |
| Earliest possible Judgment Absolute | 270 days after filing | 90 days after the earliest possible nisi (MGL c.208 §21). Your actual date depends on your court’s calendar and whether you’re still negotiating. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Essex (call to confirm)Hampden (call to confirm)MiddlesexNorfolk (call to confirm)Suffolk (call to confirm)Worcester (call to confirm)Essex Call or check the court website to confirm
Essex has two court locations, Salem and Lawrence, and the Lawrence listing says it serves all Essex County cities and towns. Essex is not on the list of divisions with the three-business-day hearing-filing rule. Which office handles which town was not confirmed, so ask the clerk.
Who to contact: Salem: 36 Federal St., Salem, MA 01970; (978) 744-1020. Lawrence: 2 Appleton St., Lawrence, MA 01840; (978) 686-9692
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Hampden Call or check the court website to confirm
Hampden’s main court is in Springfield. It is on the official list of divisions where filings for an upcoming hearing are due at least three business days beforehand. The court locations page still carries a note about a temporary closure of the Chicopee satellite office, but that note may be out of date, so confirm where to file.
Who to contact: 50 State St., P.O. Box 559, Springfield, MA 01102; (413) 748-7760; Mon-Fri 8:00-4:00
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Middlesex
Middlesex has two courts. Woburn (South) serves places like Cambridge, Newton, Waltham and Burlington, and Lowell (North) serves places like Lowell, Framingham, Natick and Chelmsford. Woburn offers a Zoom virtual registry from 9:00 a.m. to noon on weekdays and a dedicated divorce phone line. Middlesex is on the list of divisions where papers for an upcoming hearing are due at least three business days before it.
Who to contact: South (Woburn): 10-U Commerce Way, Woburn, MA 01801; (781) 865-4000; divorce (781) 865-4004; middlesexprobate@jud.state.ma.us. North (Lowell): 370 Jackson St., 5th floor, Lowell, MA 01852; (978) 656-7700
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Norfolk Call or check the court website to confirm
Norfolk files at the Canton court, which serves towns such as Quincy, Brookline, Needham and Dedham. Court-connected dispute resolution screening for contested custody cases started in Norfolk first, in 2017, before other divisions. Norfolk is not on the list of divisions with the three-business-day hearing-filing rule. Other local details were not confirmed.
Who to contact: 35 Shawmut Road, Canton, MA 02021; (781) 830-1200; Mon-Fri 8:30-4:30
Where this comes from
- https://www.mass.gov/orgs/probate-and-family-court/locations?page=1
- https://www.mass.gov/probate-and-family-court-rules/probate-and-family-court-standing-order-2-17-family-centered-case-resolution-and-case-management-in-the-probate-and-family-court-department
- https://www.mass.gov/info-details/efiling-in-the-probate-and-family-court
Last checked 2026-11-10. Tell us if this is out of date
Suffolk Call or check the court website to confirm
Suffolk files at the Boston court, which serves Boston and nearby areas such as Chelsea, Revere and Winthrop. The official locations page asks people to use the Suffolk virtual registry for inquiries. Suffolk is not among the divisions with the three-business-day rule for hearing filings. Other local procedures could not be confirmed, so check with the clerk.
Who to contact: 24 New Chardon St., Boston, MA 02114; (617) 788-8301; Mon-Fri 8:30-4:30
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Worcester Call or check the court website to confirm
Worcester serves all towns in Worcester County from one courthouse in Worcester. It is on the official list of divisions where filings for an upcoming hearing must be submitted at least three business days beforehand. Other local procedures were not confirmed.
Who to contact: 225 Main Street, Worcester, MA 01608; (508) 831-2200; Mon-Fri 8:30-4:30
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in Massachusetts? Sheriff, deputy, or a disinterested person; not you. Deadline: 90 days. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find Massachusetts in our state-by-state serving table.
Stay current
We re-check the law. We will tell you when your state’s changes.
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How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?