Massachusetts Divorce Forms

Filing for divorce in Massachusetts requires completing numerous official forms and documents. Understanding which Massachusetts divorce forms you need, how to fill them out correctly, and when to file them helps ensure your divorce proceeds smoothly. Whether pursuing an uncontested joint petition or a contested complaint for divorce, having the right forms prepared accurately prevents delays and complications.

Massachusetts divorce forms vary depending on whether you file a joint petition (uncontested divorce) or a complaint for divorce (contested divorce). The type of divorce determines which forms you need and the overall process complexity.

Joint Petition Divorce Forms (1A)

A joint petition, also called a 1A divorce, applies when both spouses agree on all divorce terms including property division, spousal support, child custody, and child support. This uncontested approach requires both spouses to sign joint forms together. Joint petition divorces typically resolve faster and cost less than contested divorces because both parties cooperate throughout the process.

Complaint for Divorce Forms (1B)

A complaint for divorce, called a 1B divorce, applies when spouses cannot agree on one or more divorce issues. One spouse files the complaint independently, and the other spouse receives service of the divorce papers. Contested divorces require additional forms and court hearings to resolve disputed matters.

Essential Massachusetts Divorce Forms for All Cases

Certain forms are required in virtually every Massachusetts divorce, regardless of whether the case is contested or uncontested.

Marriage Certificate

Every divorce filing requires either the original marriage certificate or a certified copy. You cannot use photocopies or uncertified copies. Massachusetts residents can obtain certified copies from:

• The Registry of Vital Records for marriages that occurred in Massachusetts
• The city or town hall where you applied for your marriage license
• The municipality where the marriage ceremony took place

If you married outside Massachusetts, contact the vital records office in the state or country where the marriage occurred. Request a certified copy with a raised seal, as courts will not accept regular photocopies.

Certificate of Absolute Divorce (Form R-408)

Form R-408, the Certificate of Absolute Divorce, provides statistical information about the divorce for state records. This form collects data including:

• Names, ages, and birthdates of both spouses
• Marriage date and location
• Number and ages of children from the marriage
• Educational level of both spouses
• Employment information

While this form requires personal information, it serves statistical purposes only and helps the state track divorce trends. Both spouses must complete this form accurately.

Financial Statements

All Massachusetts divorces require both spouses to complete detailed financial statements disclosing income, assets, debts, and expenses. Massachusetts provides two versions:

Short Form Financial Statement: Used when gross income is $75,000 or less annually. This simplified version requires less detailed information.

Long Form Financial Statement: Required when gross income exceeds $75,000 annually. This comprehensive form demands extensive financial disclosure including all assets, liabilities, income sources, and expenses.

Financial statements must be printed on court-approved colored paper:

• White paper for the original filed with the court
• Gold paper for the copy served on the other party
• Pink paper for additional copies

These statements form the basis for property division, alimony calculations, and child support determinations. Accuracy is critical, as false statements constitute perjury and can result in severe penalties.

Forms Specific to Joint Petition Divorces

Uncontested divorces using the joint petition process require several specific forms that both spouses sign together.

Joint Petition for Divorce

The joint petition form officially requests that the court grant a divorce. This document includes:

• Both spouses' names, addresses, and contact information
• Marriage date and location
• Statement that the marriage has irretrievably broken down
• Confirmation that both spouses agree to all divorce terms
• Request for the court to approve the separation agreement

Both spouses must sign this form before a notary public. The signatures must be notarized on the same date.

Joint Affidavit of Irretrievable Breakdown

This sworn statement, signed by both spouses, declares that the marriage has irretrievably broken down and cannot be saved. The affidavit confirms:

• The marriage is beyond repair
• Both spouses have made efforts to reconcile
• Both spouses agree that divorce is the appropriate solution
• Both spouses consent to all terms in the separation agreement

This affidavit must be notarized with both spouses present.

Separation Agreement

The separation agreement represents the most important document in an uncontested divorce. This comprehensive contract, drafted by the spouses or their attorneys, addresses all divorce terms including:

• Property Division: How all marital assets and debts will be divided, including real estate, vehicles, bank accounts, retirement accounts, investments, and personal property.
• Spousal Support: Whether alimony will be paid, the amount, duration, and conditions for modification or termination.
• Child Custody: Legal custody (decision-making authority) and physical custody (where children primarily live) arrangements.
• Parenting Time: Detailed schedule specifying when children spend time with each parent, including regular schedules, holidays, vacations, and school breaks.
• Child Support: Amount of support, payment schedule, and arrangements for health insurance, uncovered medical expenses, and extracurricular activities.

The separation agreement must be notarized and signed by both spouses. Courts review separation agreements to ensure fairness, particularly regarding child-related provisions. Agreements that seem unfair or fail to adequately provide for children may be rejected.

Forms Specific to Contested Divorces

Contested divorces initiated by one spouse filing a complaint require different forms than joint petitions.

Complaint for Divorce (Form CJ-D-101A or CJ-D-101B)

The complaint for divorce formally initiates the divorce case. Massachusetts provides two versions:

Form CJ-D-101A: Used for no-fault divorces based on irretrievable breakdown when living apart for at least six months.

Form CJ-D-101B: Used for both no-fault divorces (based on irretrievable breakdown) and fault-based divorces (based on specific grounds like adultery, cruelty, or desertion).

The complaint includes:

• Plaintiff's (filing spouse's) information
• Defendant's (other spouse's) information
• Marriage date and location
• Grounds for divorce
• Requests regarding property division, alimony, child custody, and child support

Only the filing spouse signs the complaint. It must be filed with the court and properly served on the other spouse.

Summons

When filing a contested divorce complaint, the court clerk issues a summons directing the defendant spouse to respond. The summons includes:

• Court name and location
• Case docket number
• Names of both parties
• Deadline for the defendant to file an answer (typically 20 days)
• Warning that failure to respond may result in default judgment

The summons and complaint must be served together on the defendant spouse by a sheriff, constable, or disinterested person over age 18.

Forms Related to Children

When divorcing couples have minor children (under age 18), additional forms address child custody, parenting time, and child support.

Affidavit of Care and Custody (Form OCAJ-1)

Form OCAJ-1 discloses information about children and their care arrangements. This form requires:

• Names and birthdates of all minor children
• Where each child currently lives
• Who has cared for each child over the past 12 months
• Previous custody orders or proceedings
• Other states where the child has lived in the past five years

This information helps courts determine jurisdiction and whether other states have issued custody orders affecting the children.

Child Support Guidelines Worksheet (Form CJD-304)

Massachusetts uses official guidelines to calculate child support amounts. Form CJD-304 walks parents through the calculation process, considering:

• Each parent's gross income
• Available deductions (other child support paid, health insurance costs)
• Number of children requiring support
• Parenting time percentages

The worksheet produces a presumptive child support amount based on state guidelines. Courts typically adopt this calculated amount unless special circumstances justify deviation.

Child Support Guidelines Deviation (Form CJD-305)

If parents believe the standard guideline amount is inappropriate, Form CJD-305 requests deviation from guidelines. Valid reasons for deviation include:

• Children with extraordinary medical, educational, or other needs
• Parents with significantly high or low incomes outside typical guideline ranges
• Shared custody arrangements with substantial time-sharing
• Other circumstances making guideline amounts unfair or inappropriate

Courts review deviation requests carefully and require compelling justification before departing from standard guidelines.

Parent Education Certificate

Massachusetts requires both parents of minor children to complete an approved parent education program before divorce finalization. These programs teach parents about:

• Children's emotional responses to divorce
• Age-appropriate developmental needs
• Effective co-parenting strategies
• Minimizing conflict's impact on children
• Communication techniques for divorced parents

After completing the program, parents receive certificates to file with the court. Programs typically last 2-4 hours and are offered in person and online throughout Massachusetts.

Motion to Waive Attendance at Parent Education Program (Form CJD-444)

In limited circumstances, parents can request waiver of the parent education requirement using Form CJD-444. Valid waiver reasons include:

• Documented domestic violence or abuse making joint program attendance dangerous
• Geographic distance making program attendance extremely difficult
• Severe health issues preventing attendance
• Already completing equivalent parent education recently

Courts grant waivers sparingly, as parent education benefits children and parents navigating divorce transitions.

Additional Forms for Special Circumstances

Depending on case-specific circumstances, divorcing spouses may need additional Massachusetts divorce forms.

Motion for Temporary Orders

During divorce proceedings, which often take months to complete, spouses may need temporary court orders addressing immediate concerns. Motions for temporary orders can request:

• Temporary child custody and parenting schedules
• Temporary child support payments
• Temporary spousal support (alimony)
• Use and possession of the marital home
• Temporary restraining orders preventing asset dissipation
• Payment of household expenses during divorce

Motions for temporary orders require:

• The motion itself stating what orders you request
• An affidavit explaining facts supporting your requests
• A proposed order detailing exactly what you want the judge to order

The court schedules hearings on temporary motions relatively quickly, often within 2-4 weeks.

Affidavit of Indigency

Massachusetts court fees for divorce filings typically cost around $200-$300. Spouses unable to afford these fees can request waivers by filing an Affidavit of Indigency. This sworn statement discloses:

• Detailed income information
• Assets owned
• Monthly expenses and debts
• Number of dependents
• Receipt of public benefits

If the court approves the indigency affidavit, filing fees are waived and certain other costs may be covered. Applicants must demonstrate genuine financial hardship to receive fee waivers.

Complaint for Modification

After divorce finalization, circumstances may change requiring modification of original orders. Complaint for Modification forms request changes to:

• Child custody or parenting schedules
• Child support amounts
• Alimony amounts or duration

Modification requests must demonstrate material and substantial changes in circumstances since the original order. Courts do not modify orders based on minor changes or buyer's remorse about original agreements.

Where to Obtain Massachusetts Divorce Forms

Massachusetts divorce forms are available from multiple sources, making them accessible to all divorcing spouses.

Massachusetts Court System Website

The official Massachusetts court website (mass.gov) provides free downloadable divorce forms. Benefits include:

• Always current versions reflecting recent law changes
• Official forms accepted by all Massachusetts courts
• Fillable PDF versions that can be completed electronically
• Comprehensive instructions accompanying most forms

Navigate to the Probate and Family Court section to access divorce-specific forms.

Probate and Family Court Clerk's Offices

Every Probate and Family Court location maintains supplies of paper divorce forms. Visit your local courthouse to obtain forms in person. Court staff can direct you to appropriate forms but cannot provide legal advice about how to complete them.

Legal Aid Organizations

Massachusetts legal aid organizations provide free divorce forms and assistance to eligible low-income individuals. Organizations like Massachusetts Legal Assistance Corporation and local legal services offices help qualifying clients prepare divorce paperwork.

Family Law Attorneys

Attorneys practicing family law maintain current Massachusetts divorce forms and help clients complete them accurately. While hiring an attorney costs more than self-filing, legal representation ensures forms are completed correctly and all required documents are included.

How to Complete Massachusetts Divorce Forms Correctly

Proper completion of divorce forms is critical for avoiding delays and ensuring court acceptance of your filing.

General Completion Guidelines

Follow these universal guidelines when completing Massachusetts divorce forms:

• Type or Print Clearly: Handwritten forms must be perfectly legible. Typed forms are preferred when possible.
• Complete All Fields: Do not leave blanks unless specifically instructed. Write "N/A" for inapplicable sections.
• Be Accurate and Truthful: All information must be completely accurate. False statements constitute perjury, carrying criminal penalties.
• Use Legal Names: Use full legal names exactly as they appear on official documents like birth certificates and marriage certificates.
• Sign Where Required: Sign only in designated signature blocks. Forms requiring notarization must be signed before a notary public.
• Make Copies: Keep copies of all completed forms for your records before filing originals with the court.
• Use Correct Paper: Financial statements require specific colored paper. Other forms should use standard white paper.

Filing Massachusetts Divorce Forms

After completing all required forms, you must file them properly with the appropriate Probate and Family Court.

Filing Locations

File divorce forms at the Probate and Family Court serving the county where:

• Either spouse has lived for at least one year before filing
• The couple last lived together
• The grounds for divorce occurred (in some cases)

Massachusetts has 14 Probate and Family Court divisions serving different geographic regions.

Filing Fees

Standard divorce filing fees in Massachusetts are:

Fee waivers are available for qualifying low-income filers through Affidavits of Indigency.

Filing Process

The filing process involves several steps:

1. Gather all completed forms: Ensure you have originals and required copies
2. Visit the court clerk's office: Bring forms, filing fees, and identification
3. Submit forms to clerk: Clerk reviews for completeness and assigns docket number
4. Pay filing fees: Unless fee waiver is approved
5. Receive stamped copies: Keep court-stamped copies for your records
6. Serve other spouse: In contested cases, arrange service of process

Massachusetts Divorce Forms Checklist

Use this checklist to ensure you have all necessary forms for your Massachusetts divorce:

Required for All Divorces:

•  Marriage certificate (original or certified copy)
•  Certificate of Absolute Divorce (Form R-408)
•  Financial statements (both spouses)

Additional Forms for Joint Petition:

•  Joint Petition for Divorce
•  Joint Affidavit of Irretrievable Breakdown
•  Separation Agreement (notarized)

Additional Forms for Complaint for Divorce:

•  Complaint for Divorce (Form CJ-D-101A or CJ-D-101B)
•  Summons

Forms When Children Are Involved:

•  Affidavit of Care and Custody (Form OCAJ-1)
•  Child Support Guidelines Worksheet (Form CJD-304)
•  Parent Education Certificate (both parents)
•  Child Support Guidelines Deviation (Form CJD-305) if applicable
•  Motion to Waive Parent Education (Form CJD-444) if applicable

Optional Forms as Needed:

•  Motion for Temporary Orders
•  Affidavit of Indigency
•  Complaint for Modification

Getting Help with Massachusetts Divorce Forms

While self-represented litigants can successfully complete Massachusetts divorce forms, assistance is available when needed.

Court Self-Help Resources

Many Massachusetts Probate and Family Courts offer self-help centers providing limited assistance with form completion. Services typically include:

• Directing you to appropriate forms
• Explaining general form requirements
• Reviewing forms for completeness
• Answering procedural questions

Self-help staff cannot provide legal advice or recommend specific actions in your case.

Legal Aid for Low-Income Individuals

Massachusetts legal aid organizations provide free legal assistance to qualifying low-income residents. Services include:

• Form completion assistance
• Legal advice about divorce options
• Limited representation for certain proceedings
• Full representation in some cases

Income eligibility requirements vary by organization and program.

Family Law Attorneys

Hiring an experienced family law attorney ensures proper form completion and comprehensive legal guidance. Attorneys provide:

• Complete form preparation and filing
• Legal advice tailored to your circumstances
• Court representation and advocacy
• Negotiation assistance with the other spouse
• Protection of your legal rights and interests

Many attorneys offer unbundled services, providing limited assistance with specific tasks like form preparation without full representation.

While self-filing is possible for straightforward cases, divorcing spouses should not hesitate to seek assistance when needed. Court self-help resources, legal aid organizations, and family law attorneys all provide valuable support throughout the divorce process. Investing time in proper form completion and seeking help when confused protects your interests and helps achieve fair divorce outcomes under Massachusetts law.