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Massachusetts Divorce Petition

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Introduction

In Massachusetts a divorce petition takes the form of a Joint Petition for Divorce or a Complaint for Divorce, the formal legal pleading a spouse files to open a divorce case and ask a judge to end your marriage and settle property, support, and any issues involving children. The Commonwealth calls the case a 'divorce,' never a 'dissolution of marriage,' and the form you file depends on the track you take. Under MGL c. 208 §5, Massachusetts imposes no fixed durational residency if the cause of the divorce occurred here and the parties lived together in the Commonwealth; otherwise the plaintiff must have resided in Massachusetts for one year before filing. Timing then hinges on which track you choose. Under a §1A joint no-fault petition, the Probate and Family Court holds no hearing until 30 days after filing, a judgment of divorce nisi enters, and it becomes absolute 90 days later, roughly 120 days in all. Under §1B (contested no-fault), the 90-day nisi period runs after judgment. Massachusetts recognizes 'irretrievable breakdown of the marriage' as its no-fault ground, alongside fault grounds under §1: adultery, impotency, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and a prison sentence of five or more years. The Commonwealth requires no period of living separate and apart before you file. This page explains how the §5 residency rule, the nisi waiting period, the §34 equitable-distribution regime, and the correct CJD forms shape a Massachusetts divorce petition.

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Key Things to Know

  1. 1

    What it is: Known in Massachusetts as either a Joint Petition for Divorce or a Complaint for Divorce, this instrument is the formal legal pleading that starts your case in the Probate and Family Court and asks the court to end the marriage and decide property, support, and any matters involving children.

  2. 2

    Residency (MGL c. 208 §5): There is no fixed durational requirement if the cause of the divorce occurred in Massachusetts and the parties lived together in the Commonwealth; otherwise the plaintiff must have resided in Massachusetts for one year before filing, or the cause must have occurred within the state.

  3. 3

    Grounds: Massachusetts is a no-fault plus fault state. The no-fault ground is 'irretrievable breakdown of the marriage' (§1A uncontested, §1B contested). Fault grounds under §1 include adultery, impotency, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and a prison sentence of five or more years.

  4. 4

    Separation: Massachusetts does not require the parties to live separate and apart for any period before filing, so you can file as soon as the §5 residency rule is met.

  5. 5

    Waiting period: Under §1A (joint no-fault), the court holds no hearing until 30 days after filing, a judgment of divorce nisi enters, and it becomes absolute 90 days later, about 120 days total. Under §1B the 90-day nisi period runs after judgment, and neither spouse may remarry until the nisi becomes absolute.

  6. 6

    Court and forms: Petitions are filed in the Probate and Family Court. A §1A case uses the Joint Petition for Divorce (Form CJD 101A) plus a notarized Separation Agreement and an Affidavit of Irretrievable Breakdown; a §1B or §1 case uses the Complaint for Divorce (Form CJD 101), filed with a Summons.

  7. 7

    Property and fee: Massachusetts follows equitable distribution under MGL c. 208 §34, dividing marital property fairly rather than automatically in half. Filing costs $215 total, a $200 filing fee plus a $5 surcharge and $10 for the summons. Parties are 'Plaintiff' and 'Defendant,' or 'Petitioners' under a §1A joint petition.

Key decisions before you file

Before you file a Divorce Petition in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in Massachusetts

A Massachusetts divorce petition (/legal-document/divorce-petition) is governed by MGL c. 208 and filed in the Probate and Family Court. The Commonwealth uses the word 'divorce,' never 'dissolution of marriage,' and your path depends on whether the case is joint and uncontested or contested.

Residency Under §5

Before you file, MGL c. 208 §5 must be satisfied. There is no fixed durational residency if the cause of the divorce occurred in Massachusetts and the parties lived together here. Otherwise, the plaintiff must have resided in the Commonwealth for one full year before filing, or the cause must have occurred within the state. Massachusetts requires no period of living separate and apart first.

Grounds: No-Fault and Fault

Most petitioners proceed on the no-fault ground of 'irretrievable breakdown of the marriage.' An uncontested joint case runs under §1A, and a contested one runs under §1B. Massachusetts also preserves fault grounds under §1: adultery, impotency, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and a prison sentence of five or more years.

The Nisi Waiting Period

Massachusetts timing turns on the nisi mechanism. In a §1A joint no-fault case, the court holds no hearing until 30 days after filing. Once the judge approves the agreement, a judgment of divorce nisi enters and becomes absolute, truly final, 90 days later, making roughly 120 days the practical minimum. In a §1B contested case, the 90-day nisi period runs after judgment enters. Until the nisi becomes absolute, neither spouse may remarry.

Forms and the Separation Agreement

Your paperwork depends on the track. A §1A case opens with the Joint Petition for Divorce, Form CJD 101A, and must include a notarized Separation Agreement resolving property, support, and custody, plus an Affidavit of Irretrievable Breakdown. A §1B or §1 case opens with the Complaint for Divorce, Form CJD 101, filed with a Summons to notify the other spouse.

Dividing Property Under §34

Massachusetts is an equitable-distribution state under MGL c. 208 §34. The court divides marital property fairly rather than mechanically in half, weighing factors such as the length of the marriage, each party's contributions, conduct, and future needs. A well-drafted §1A Separation Agreement lets the parties settle these terms before the judge reviews them.

Parties and Filing Fee

The spouses are the 'Plaintiff' and 'Defendant,' or jointly the 'Petitioners' under a §1A petition. Filing costs $215 in total: a $200 filing fee, a $5 surcharge, and $10 for the summons.

Next Steps

Choose your statutory track first, §1A for a joint, agreed divorce or §1B/§1 when the case is contested, confirm §5 residency, gather the matching CJD forms, and file with the Probate and Family Court. Building your Massachusetts divorce petition (/legal-document/divorce-petition) around these specific rules keeps your filing on schedule through the nisi period.

Massachusetts Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: MGL c. 208 §5: no fixed durational requirement if the cause of divorce occurred in Massachusetts and the parties lived together in Massachusetts; otherwise the plaintiff must have resided in....

Residency (County)

Must file in the correct county Probate and Family Court.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. No-fault ground is 'irretrievable breakdown of the marriage' (MGL c. 208 §1A uncontested / §1B contested). Fault grounds under MGL c. 208 §1 include adultery, impotency, desertion,....

Waiting Period

Mandatory waiting period: Under §1A (joint no-fault), the court holds no hearing until 30 days after filing; judgment of divorce nisi enters and....

Required Forms

Must file correct state forms: Joint Petition for Divorce (Form CJD 101A) for §1A, or Complaint for Divorce (Form CJD....

Property Division

Property is divided according to: Equitable distribution, MGL c. 208 §34. laws.

Filing Fee

Filing fee is typically $215 (filing fee $200 + $5 surcharge + $10 summons) unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

It is the formal court pleading that opens a divorce case in the Probate and Family Court and asks a judge to end your marriage and resolve related issues such as property, support, and any matters involving children. In Massachusetts the petition takes the form of a Joint Petition for Divorce (Form CJD 101A) under §1A, or a Complaint for Divorce (Form CJD 101) under §1B or §1, filed under MGL c. 208.

In Massachusetts there is no legal difference, because the Commonwealth does not use the term 'dissolution of marriage.' MGL c. 208 and the Probate and Family Court call the action a 'divorce,' so you file a Joint Petition for Divorce or a Complaint for Divorce rather than a dissolution petition. Some other states label the same court process a 'dissolution,' but in Massachusetts the correct term is divorce.

Under MGL c. 208 §5, there is no fixed durational requirement if the cause of the divorce occurred in Massachusetts and the parties lived together in the Commonwealth. Otherwise, the plaintiff must have resided in Massachusetts for one year before filing, or the cause of the divorce must have occurred within the state.

Massachusetts allows both no-fault and fault grounds. The no-fault ground is 'irretrievable breakdown of the marriage' (MGL c. 208 §1A uncontested, §1B contested). Fault grounds under MGL c. 208 §1 include adultery, impotency, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, and a prison sentence of five or more years.

Timing depends on the nisi period. Under §1A (joint no-fault), the court holds no hearing until 30 days after filing; a judgment of divorce nisi then enters and becomes absolute 90 days later, roughly 120 days total. Under §1B, the 90-day nisi period runs after judgment. Massachusetts does not require you to live separate and apart before filing.

For a §1A joint no-fault case you file the Joint Petition for Divorce (Form CJD 101A), along with a notarized Separation Agreement and an Affidavit of Irretrievable Breakdown. For a §1B or §1 case you file the Complaint for Divorce (Form CJD 101) with a Summons. Both are filed in the Probate and Family Court.

Filing costs $215 in total: a $200 filing fee, a $5 surcharge, and $10 for the summons. Low-income filers can ask the Probate and Family Court to waive the fee by submitting an affidavit of indigency.

Massachusetts follows equitable distribution under MGL c. 208 §34, meaning the court divides marital property fairly rather than automatically in half. The judge weighs statutory factors such as the length of the marriage, each party's contributions, conduct, and future needs. In a §1A case the parties can settle these terms in their Separation Agreement.