Massachusetts Divorce Forms: What to File for a 1A or 1B Divorce
Massachusetts family law · Last reviewed October 28, 2026
Massachusetts uses statewide forms from the Probate and Family Court. The same forms work in every county, and the court publishes them on its divorce forms page. Which ones you need depends on the route: a 1A joint petition, a 1B complaint, or a fault complaint.
1A joint petition
The court's 1A page lists these for the initial filing:
| Form | What it does |
|---|---|
| Joint Petition for Divorce (CJD 101A) | Starts the case; signed by both spouses |
| Affidavit of irretrievable breakdown | Your sworn statement that the marriage has broken down; one joint affidavit or one each |
| Notarized separation agreement | Settles custody, support, alimony and property; file it within 90 days if not filed with the petition |
| Certified copy of your marriage certificate | Or a motion (CJD 400) to file it late |
| Report of Absolute Divorce (R-408) | A report the court requires at filing; it is not your judgment |
| Child Care or Custody Disclosure Affidavit | With children under 18; each petitioner signs one |
Before the hearing is scheduled, the court asks for a financial statement from each of you and, if child support is part of the case, the Child Support Guidelines Worksheet (CJD 304) and, when it applies, the Proposed Findings and Determinations for Child Support and Post-Secondary Education (CJD 305). The court publishes a sample separation agreement you can use as a starting point.
1B complaint
| Form | What it does |
|---|---|
| Complaint for divorce under section 1B (CJD 101B) | Starts the case; signed by the spouse filing |
| Certified copy of your marriage certificate | Or a motion (CJD 400) to file it late |
| Report of Absolute Divorce (R-408) | Required at filing |
| Military Affidavit (TC0002) | States whether your spouse is in the military |
| Child Care or Custody Disclosure Affidavit | With children under 18 |
After filing, the court mails you a summons, which you serve on your spouse with the complaint. Your spouse can sign a notarized acceptance of service on the summons instead of being served by a deputy sheriff (Mass. R. Dom. Rel. P. 4). A fault complaint has its own form; check the court's fault-divorce page for its list.
Financial statements and mandatory disclosure
Every divorce turns on the money, and two court rules make the disclosure automatic.
Rule 401: the financial statement. Each party must file a financial statement with the court and deliver it to the other party "within 45 days from the date of the service of the summons." Which form you use depends on your own income, not your household's: under $75,000 a year, the short form; $75,000 or more, the long form. The court keeps financial statements out of the public file.
Rule 410: mandatory self-disclosure. Within the same 45 days, each party delivers documents to the other, including:
- federal and state income tax returns for the past three years, with W-2s, 1099s and schedules;
- the four most recent pay stubs from each employer;
- statements for the past three years for bank accounts, investment accounts, and retirement accounts;
- any loan or mortgage applications, and any financial statements, prepared in the three years before the complaint.
The rule says each party delivers these "to the other party"; it is an exchange between spouses.
Forms that come up during the case
| Form | When |
|---|---|
| Motion (CJD 400), with an affidavit and proposed order | To ask for temporary orders on custody, support or the home |
| Motion to Waive Attendance at Parent Education Program (CJD 444) | To ask to be excused from the Two Families Now course |
| Affidavit of Indigency | To ask the court to waive fees and costs |
| Answer | Your spouse's response to a 1B or fault complaint, due 20 days after service (Rule 12) |
| Request for Copies (PFC 18) | After the divorce, to order certified copies |
The automatic restraining order
When a complaint for divorce is filed, Supplemental Probate and Family Court Rule 411 puts an automatic order on both spouses: on the plaintiff from filing, and on the defendant from service. It limits moving or hiding assets, running up debt against the other spouse's credit, changing beneficiaries, and dropping insurance, with exceptions for ordinary living and business expenses and reasonable legal fees. It ends when the judgment enters. It is a financial order, not a protective order for personal safety.
Filing
You can file in person, by mail, or through eFileMA, in the Probate and Family Court for the right county (see the overview). Fees are on the cost page.
Frequently asked questions
What forms do I need for an uncontested divorce in Massachusetts?
The Joint Petition for Divorce (CJD 101A), an affidavit of irretrievable breakdown, a notarized separation agreement, a certified marriage certificate, and the R-408 report. With children, add the custody disclosure affidavit and the child support worksheet (CJD 304); each spouse also files a financial statement.
Which financial statement do I use, short or long?
It depends on your own income. Under $75,000 a year, use the short form; at $75,000 or more, the long form.
When are financial statements due in a Massachusetts divorce?
Within 45 days after the summons is served, under Rule 401, unless the court orders otherwise. If a hearing or conference is scheduled before then, both parties file and exchange them at least two business days before it.
Are financial statements public?
No. Rule 401 has them impounded, kept separate from the rest of the file and not open to public inspection.
What is the R-408?
The Report of Absolute Divorce, a form the court requires when you file a 1A petition or a 1B complaint. It is not your divorce judgment and doesn't prove you are divorced.
Where do I get the separation agreement?
You write it, alone, with a mediator, or with lawyers. The court publishes a sample separation agreement as a guide.