Uncontested Divorce in Massachusetts: The 1A Joint Petition, Step by Step
Massachusetts family law · Last reviewed October 28, 2026
Massachusetts has a route built for spouses who agree: the 1A joint petition, named for section 1A of chapter 208. You file together, there's no summons and no answer, and there's no six-month wait. A judge still holds a short hearing, and the divorce becomes final 120 days after the judge approves your agreement: 30 days until the judgment nisi enters, then 90 more until it becomes absolute.
What makes a divorce "1A"
Section 1A lists three papers, and together they start the case:
(a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required.
The ground is irretrievable breakdown: the marriage has broken down and can't be repaired. You don't have to live apart first, and neither of you has to prove the other did anything wrong. The statute also bars the court from probing which spouse was at fault.
The agreement has to settle everything: custody and parenting time, child support, alimony, and the division of property and debts. If you still disagree about any of it, you aren't ready for a 1A petition. You can file a 1B complaint instead and convert later (see below).
The papers
The court's 1A page lists what to file:
- Joint Petition for Divorce (CJD 101A), signed by both of you.
- Affidavit of irretrievable breakdown, signed under oath by one or both of you.
- Notarized separation agreement. If it isn't filed with the petition, the court's page says to file it within 90 days, or the case can be dismissed.
- A certified copy of your marriage certificate (or a motion, CJD 400, to file it late).
- Report of Absolute Divorce (R-408), the state's statistical form.
- With children under 18: a Child Care or Custody Disclosure Affidavit from each of you, and the Child Support Guidelines Worksheet (CJD 304).
- A financial statement from each of you, best filed before the hearing is scheduled.
See forms for the whole list and where to get each form.
Filing and the fee
File in the Probate and Family Court for the county where you last lived together, if either of you still lives there; otherwise in a county where one of you lives (§ 6). You can file in person, by mail, or online through eFileMA.
The fee is $200 plus a $15 surcharge, $215 in all. A joint petition needs no summons, so there's no $5 summons charge. If you can't afford the fee, you can ask the court to waive it. See cost.
The hearing
After you file, the court sets a hearing and mails you notice. Section 1A puts joint petitions on their own hearing list and calls for a speedy hearing "insofar as that is consistent with the wishes of the parties." Since June 1, 2026, a Probate and Family Court standing order makes hearings on joint petitions presumptively remote, unless the judge decides to hear the case in person or handle it administratively.
Both of you attend unless the court has accepted an attendance waiver for one of you, which you ask for by motion before the hearing. The judge may ask about the affidavit and the agreement, then decides two things:
- Whether the marriage has irretrievably broken down.
- Whether the agreement makes proper provision for custody, support, alimony and property.
The statute gives the judge 30 days after the hearing to make that finding. If both answers are yes, the judge approves the agreement.
Approval, judgment nisi, and absolute
This is the part people most often get wrong. Approval is not the divorce. Section 1A says:
Thirty days from the time that the court has given its initial approval to a dissolution agreement of the parties which makes proper provisions for custody, support and maintenance, alimony, and for the disposition of marital property, where applicable, notwithstanding subsequent modification of said agreement, a judgment of divorce nisi shall be entered without further action by the parties.
Then § 21 takes over: a judgment nisi becomes absolute 90 days after it enters. So:
| Event | When |
|---|---|
| Hearing | When the court schedules it; no minimum wait after filing |
| Approval of the agreement | At the hearing, or within 30 days after it |
| Judgment of divorce nisi | 30 days after approval |
| Judgment absolute: the divorce is final | 90 days after the nisi enters (120 days after approval) |
You don't have to do anything during either period. Until the judgment is absolute you are still married, and you can't remarry (§ 24). The timeline calculator works out both dates.
Merge or survive: what happens to your agreement
When the judge approves your agreement, it becomes part of the judgment. Section 1A gives two choices. The agreement can be merged into the judgment, or, if you both agree, incorporated but not merged, so that it "shall survive and remain as an independent contract." The difference matters later, because a surviving agreement is much harder to change. Talk to a lawyer before you decide.
If the judge doesn't approve the agreement, it becomes void and the case is dismissed without prejudice. You can change the agreement and try again.
When the case starts as a 1B
A 1B complaint is the no-fault route for one spouse acting alone. If you settle everything after filing one, you don't have to start over. Under § 1B, once the spouses file the statement and agreement that § 1A requires, the case proceeds under § 1A. A 1B case that settles before trial also needs no trial: the court's 1B page says a signed, notarized agreement on all issues avoids one.
Which Massachusetts divorce route fits your case?
A quick sort using G.L. c. 208, §§ 1, 1A, 1B, 4 and 5 and the Probate and Family Court’s divorce pages. A starting point, not advice.
Withdrawing a joint petition
Before judgment, you can withdraw a 1A petition by mutual agreement. One spouse alone can't. During the nisi period, a divorce case can be dismissed on one spouse's motion only on terms the court sets after notice and a hearing, unless you both sign and file a memorandum agreeing to it (§ 21).
Frequently asked questions
How long does an uncontested divorce take in Massachusetts?
The law adds 120 days after the judge approves your agreement: 30 days to the judgment nisi and 90 more to the absolute judgment. Before that, you wait for the court to schedule the hearing, which varies by county.
Do we both have to go to court for a 1A divorce?
Both spouses attend the hearing unless the court accepts an attendance waiver for one of you, requested by motion before the hearing. Since June 1, 2026, joint petition hearings are presumptively held remotely.
Do we need a lawyer for a 1A divorce?
No. Many couples file on their own using the court's forms and sample separation agreement. If you own a house or a business, have retirement accounts, or are dividing a pension, a lawyer's review of the agreement is worth the cost.
Can we change our agreement after the judge approves it?
Before the judgment nisi enters, yes: by agreement with the court's approval, or by the court on one spouse's petition after a showing of a substantial change of circumstances. After judgment, it depends on whether the agreement merged or survived.
Do we have to live apart before filing a 1A petition?
No. Massachusetts has no separation requirement for a no-fault divorce. The question is whether the marriage has irretrievably broken down.
When can I remarry after a 1A divorce?
Once the judgment is absolute: 90 days after the judgment nisi enters, which is 120 days after the judge approves the agreement.