Overview: Filing for Divorce in Massachusetts Without a Lawyer

Massachusetts offers both uncontested (1A joint petition) and contested divorce options. The state uses equitable distribution and has specific requirements for separation agreements.

Can You File Without a Lawyer in Massachusetts?

✓ Good Candidates for DIY Divorce:

  • Both agree on divorce and all terms (1A)
  • Complete separation agreement signed
  • No contested issues
  • Both appear together
  • Both willing to cooperate

⚠ Consider Hiring a Lawyer If:

  • Spouse doesn't agree (must use 1B)
  • Complex property
  • Retirement division
  • Business valuation
  • Custody disputes

Step-by-Step: How to File for Divorce in Massachusetts

Step 1

Draft Separation Agreement

Both spouses create and sign comprehensive separation agreement before filing.

⏱ Estimated Time: 6-12 hours
💡 Tips:
  • Must be notarized
  • Address all marital property
  • Include custody/support if children
  • Both sign voluntarily
Step 2

File Joint Petition (1A)

Both spouses file together using 1A joint petition.

⏱ Estimated Time: 2-3 hours
💡 Tips:
  • Filing fee: $215
  • Both sign petition
  • Attach separation agreement
  • File in county where either resides
Step 3

Attend Initial Hearing

Both appear before judge for initial review (30-45 days after filing).

⏱ Estimated Time: 30 minutes
💡 Tips:
  • Both must attend
  • Judge reviews agreement
  • May approve or suggest changes
  • Dress professionally
Step 4

Wait 30-Day Nisi Period

If approved, wait 30 days for nisi period.

⏱ Estimated Time: 30 days
💡 Tips:
  • Nisi means 'unless'
  • Final in 30 days unless appealed
  • Cannot remarry during nisi
Step 5

Receive Final Decree

Divorce becomes absolute after 30 days.

⏱ Estimated Time: 30 days automatic
💡 Tips:
  • No further action needed
  • Request certified copies after 30 days
  • Effective automatically

Required Forms for Massachusetts Divorce

Joint Petition for Divorce (CJD-101A)

Required

Separation Agreement (Custom)

Required

Financial Statements (CJD-301/304)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for Massachusetts DIY Divorce

💰 DIY Divorce

$215-300
  • Filing fee: $215
  • Service fee: $0 (joint filing)
  • Misc costs: $25-$100

👔 With Attorney

$4,000-25,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

Common Pitfalls to Avoid

1

Incomplete separation agreement

2

Not addressing retirement accounts

3

Missing required financial statements

4

Trying to remarry during nisi period

Frequently Asked Questions About Massachusetts DIY Divorce

What is a 1A divorce in Massachusetts?

A 1A divorce is a no-fault joint petition where both spouses agree on all terms and file together with a signed separation agreement. This is the simplest divorce option in MA.

Can I file for divorce without a lawyer in Massachusetts?

Yes, the 1A joint petition process is designed for self-represented parties. You'll need a comprehensive separation agreement that addresses all marital issues.

Need Professional Help?

While DIY divorce can save money in Massachusetts, consulting with an attorney can help you understand your rights and avoid costly mistakes.