Massachusetts · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Massachusetts

An agreed (uncontested) divorce in Massachusetts, from official sources: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, e-filing, how your spouse can sign instead of being served and mediation.

In short

Here is how Massachusetts handles a divorce when both spouses agree. Joint Petition for Divorce under section 1A: both spouses sign the petition and an affidavit of irretrievable breakdown and file a notarized separation agreement (with the petition or within 90 days); no summons or answer is needed and you attend one hearing.

Who can file (residency)
1 year (with exceptions)
Waiting period
See the rule
Filing fee
$215
E-filing
Yes

Who can use the process for agreed cases in Massachusetts

Joint Petition for Divorce under section 1A: both spouses sign the petition and an affidavit of irretrievable breakdown and file a notarized separation agreement (with the petition or within 90 days); no summons or answer is needed and you attend one hearing.

Before you file in Massachusetts

Who can file (residency)
If the reason for the divorce happened in Massachusetts, you can file if you live there (unless you moved there just to get divorced). If it happened elsewhere, the person filing must have lived in Massachusetts for 1 year before filing, unless you lived there together as a married couple.
Waiting period
Uncontested joint petition (1A): after the court approves your agreement, the judgment nisi enters 30 days later and becomes final (absolute) 90 days after that, about 120 days total. Contested no-fault (1B): the hearing can't be held earlier than 6 months after filing, then 90 more days until final. All divorce judgments become absolute 90 days after the judgment nisi.
Law
Mass. Gen. Laws ch. 208, sec. 4-5 · Mass. Gen. Laws ch. 208, sec. 1A, 1B, 21

Forms, fees and filing in Massachusetts

Official forms
Divorce forms (Massachusetts courts)
Court self-help
Divorce self-help (Massachusetts courts)
Filing fee
$215 to file a complaint for divorce ($200 filing fee + $15 surcharge) (Probate and Family Court filing fees page).
If you can't afford the fee
If you can't afford the fees, file an Affidavit of Indigency to ask the court to waive fees and costs (see the court's 1B divorce page: https://www.mass.gov/info-details/get-a-no-fault-1b-divorce).
E-filing
Yes. The Probate and Family Court accepts e-filing for many filings: https://www.mass.gov/info-details/efiling-in-the-probate-and-family-court

If your spouse agrees to sign

For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service.

If you agree on only some issues

Not required, but common and encouraged; the court can refer you to court-connected dispute resolution programs.

An uncontested divorce in Massachusetts, step by step

  1. Check that you can file in Massachusetts

    If the reason for the divorce happened in Massachusetts, you can file if you live there (unless you moved there just to get divorced).

  2. See if you qualify for the simpler process

    Joint Petition for Divorce under section 1A: both spouses sign the petition and an affidavit of irretrievable breakdown and file a notarized separation agreement (with the petition or within 90 days); no summons or answer is needed and you attend one hearing.

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Massachusetts courts)

  4. File, and pay the fee or ask for a waiver

    $215 to file a complaint for divorce ($200 filing fee + $15 surcharge) (Probate and Family Court filing fees page). Can't afford it? If you can't afford the fees, file an Affidavit of Indigency to ask the court to waive fees and costs (see the court's 1B divorce page: https://www.mass.gov/info-details/get-a-no-fault-1b-divorce). Yes. The Probate and Family Court accepts e-filing for many filings: https://www.mass.gov/info-details/efiling-in-the-probate-and-family-court.

  5. Have your spouse sign or be served

    For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service.

  6. Wait out the waiting period

    Uncontested joint petition (1A): after the court approves your agreement, the judgment nisi enters 30 days later and becomes final (absolute) 90 days after that, about 120 days total.

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Massachusetts

Is there a simplified divorce for agreed cases in Massachusetts?

Joint Petition for Divorce under section 1A: both spouses sign the petition and an affidavit of irretrievable breakdown and file a notarized separation agreement (with the petition or within 90 days); no summons or answer is needed and you attend one hearing.

How long does an uncontested divorce take in Massachusetts?

Uncontested joint petition (1A): after the court approves your agreement, the judgment nisi enters 30 days later and becomes final (absolute) 90 days after that, about 120 days total. Contested no-fault (1B): the hearing can't be held earlier than 6 months after filing, then 90 more days until final. All divorce judgments become absolute 90 days after the judgment nisi.

Who can file for an uncontested divorce in Massachusetts?

If the reason for the divorce happened in Massachusetts, you can file if you live there (unless you moved there just to get divorced). If it happened elsewhere, the person filing must have lived in Massachusetts for 1 year before filing, unless you lived there together as a married couple.

Does my spouse have to be served if we agree in Massachusetts?

For a contested (1B) complaint, a sheriff or constable must deliver the summons and complaint to your spouse, or your spouse can sign an acceptance of service.

Can we file for divorce online in Massachusetts?

Yes. The Probate and Family Court accepts e-filing for many filings: https://www.mass.gov/info-details/efiling-in-the-probate-and-family-court

How much does it cost to file an uncontested divorce in Massachusetts?

$215 to file a complaint for divorce ($200 filing fee + $15 surcharge) (Probate and Family Court filing fees page).

Is mediation required in Massachusetts?

Not required, but common and encouraged; the court can refer you to court-connected dispute resolution programs.

More about divorce in Massachusetts

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.