home / blog

Guide to Uncontested Divorce in Massachusetts

December 23, 2025

Uncontested / Simple Divorce in Massachusetts: 1A vs. 1B, Required Forms, and the “Nisi Period” (Plain-English Guide)

Massachusetts can be a surprisingly forms heavy state for divorce, even when you and your spouse agree on everything. And Massachusetts has one timeline twist that confuses almost everyone: the Judgment of Divorce Nisi (a temporary judgment) and when you’re actually divorced.

This guide explains how an uncontested divorce in Massachusetts typically works (a no fault “1A” joint divorce), how it differs from a 1B divorce, which key Probate & Family Court forms people search for (like Joint Petition CJD-101A and Financial Statement CJD-301S/L), what to expect at the uncontested hearing, and how the Nisi period affects your final divorce date.

Important disclaimer: PlainDivorce is not a law firm. This article is legal information only, not legal advice. Massachusetts court rules, forms, and fees can change. Always confirm the latest requirements with the Massachusetts Probate and Family Court (and get legal advice if you’re unsure about your rights or safety).

Table of Contents

uncontested divorce in Massachusetts

1. What Is an Uncontested or Simple Divorce in Massachusetts?

In Massachusetts, most people who say “simple divorce” mean a no fault, uncontested divorce where the spouses agree the marriage has suffered an irretrievable breakdown and they have a complete written agreement about children (if any), support, property, and debts.

Most uncontested cases are filed as a Section 1A divorce, which is the joint (both spouses together) no fault path.

2. The #1 Decision Point: Section 1A vs. Section 1B

This is the main fork in the road in Massachusetts divorce:

  • Section 1A (Uncontested / Joint): You file together and submit a signed Separation Agreement. The core court form is the Joint Petition for Divorce (CJD-101A).
  • Section 1B (Often contested, can become agreed later): One spouse files, and the case may involve service, responses, and negotiations. Even if you eventually settle, the process typically starts as a one party filing rather than a joint petition.

If you and your spouse can truly cooperate and sign everything, 1A is usually the simplest route. If you can’t (or you need court involvement to resolve disputes), you’re generally looking at 1B.

3. The Key Massachusetts Forms People Search For (Including the Two Parent Hard Stops)

Massachusetts DIY filers often get stuck because certain forms are mandatory and very specific. For a typical 1A joint divorce, the most searched must know forms include:

  • Joint Petition for Divorce (CJD-101A) (Section 1A).
  • Financial Statement for each spouse: Short Form (CJD-301S) if your annual income is less than $75,000, or Long Form (CJD-301L) if your annual income is more than $75,000.
  • Affidavit of Irretrievable Breakdown (a sworn statement supporting the no fault irretrievable breakdown basis in a 1A case).
  • Certificate of Absolute Divorce (R-408) (vital statistics form connected to recording the divorce).

If you have minor children, there are two common “hard stop” forms that parents should expect to file:

  • Affidavit of Care and Custody (OCAJ-1) (required in cases involving children; used to disclose whether there are other care and custody proceedings involving the children).
  • Child Support Guidelines Worksheet (CJD-304) (used to show what the guideline child support amount would be; if you agree to a different amount, courts often expect an explanation).

Version warning: These forms are updated over time. Always download the latest version from the official court forms list (and follow your local Probate and Family Court instructions) before you file.

4. Step by Step: How a 1A Uncontested Divorce Usually Works

While details vary by county, most Massachusetts 1A uncontested divorces follow this pattern in the Probate and Family Court:

Step 1 – Reach a complete agreement

You and your spouse prepare and sign a Separation Agreement covering property and debts and (if applicable) parenting, child support, and alimony. This agreement is a core part of a 1A filing.

Step 2 – Prepare the required forms (this is where most DIY delays happen)

At a minimum, most 1A filers should expect to prepare the Joint Petition (CJD-101A), a Financial Statement (CJD-301S or CJD-301L) for each spouse, the Affidavit of Irretrievable Breakdown, and the R-408 Certificate.

If you have minor children: plan for additional required child related paperwork. Do not show up to your hearing without the court required parent forms (including OCAJ-1 and CJD-304 in many cases), or the court may refuse to hear your uncontested matter until your packet is complete.

Step 3 – File with the Probate and Family Court

You file your joint package with the appropriate Probate and Family Court division. Filing methods may include in person, mail, or e filing (when available for your case type). Court fees apply unless you qualify for a waiver.

Step 4 – Attend the uncontested (1A) hearing

Even “simple” divorces often include a brief hearing where the judge confirms the basics, reviews the Separation Agreement, and ensures the arrangements (especially for children) appear appropriate.

Step 5 – The judge approves the case, and the court enters the Judgment of Divorce Nisi later

This is the timing detail that causes panic: in a typical 1A case, you usually do not walk out of the hearing already divorced. There is commonly an administrative delay before the court enters the Judgment of Divorce Nisi.

5. The Nisi Period: When Are You Actually Divorced?

Massachusetts has a unique in between phase: the Nisi period. In plain English:

  • Judgment of Divorce Nisi: the court has approved the divorce, but it is temporary for a set time.
  • Judgment Absolute: the divorce becomes final. This is when you are actually divorced.

The clearer 1A timeline (the “30 + 90” rule):

  • Day 0: Uncontested 1A hearing.
  • About Day 30: The court enters the Judgment of Divorce Nisi (this is when the Nisi clock starts).
  • About Day 120: The divorce becomes Absolute (about 90 days after Nisi entry).

Timeline: Massachusetts 1A “Nisi → Absolute”

1A Hearing (Day 0) → Court enters Judgment of Divorce Nisi (often ~30 days later) → 90-day Nisi period → Judgment Absolute (divorce final)

Key takeaway: In most 1A cases, you are not fully divorced until the Judgment becomes Absolute.

6. Special Issues When You Have Children (OCAJ-1, CJD-304, Parent Education)

If you have minor children, the judge will review your Separation Agreement and child related paperwork more closely. Courts often want to see clear, workable terms for parenting time, decision making, and child support.

Two forms parents often cannot skip:

  • Affidavit of Care and Custody (OCAJ-1): used to disclose other care and custody cases involving the children (this is a common hard stop requirement for parents).
  • Child Support Guidelines Worksheet (CJD-304): used to show the guideline calculation, even when you agree on support. If your agreed amount differs from the guideline, be prepared to explain why (the court may require findings).

Many parents also encounter a required Parent Education Program. Requirements can vary by court, so confirm what your local Probate and Family Court expects and whether you need to file certificates of completion before your hearing.

7. How Long Does an Uncontested Divorce Take in Massachusetts?

There are two clocks to think about:

  • Time to hearing: depends on how quickly you prepare forms correctly and how busy your court is.
  • 1A Nisi timeline: typically hearing first, then Nisi entered later, then the divorce becomes Absolute after the required waiting period.

In practice, even cooperative couples should plan for the process to take months, not weeks, because the Nisi period creates an automatic delay between the hearing and the date the divorce becomes final.

8. What Does an Uncontested Divorce Cost in Massachusetts?

Even a DIY divorce has unavoidable costs. Common categories include:

  • Court filing fees: commonly a $200 filing fee plus a $15 surcharge, totaling $215 (fee waivers may be available for people who qualify).
  • Summons or clerk costs: there may be a nominal cost for certain clerk issued paperwork depending on your filing type.
  • Notary fees for affidavits or signatures if required for your documents.
  • Parent Education Program fees if required in your case.
  • Certified copies of final paperwork if you need official proof later.

Fees can change, and some locations may have local costs. Always confirm the current fee requirements with your local Probate and Family Court before filing.

9. Where a Self Help Divorce Kit Fits

Massachusetts is paperwork driven. A good self help kit is most valuable when it helps you avoid the common forms mistakes, especially around required Massachusetts specific documents and the Nisi timeline.

A Massachusetts kit can help you:

  • Confirm whether your case is truly 1A (joint) or whether it’s actually a 1B situation.
  • Stay organized around core forms like CJD-101A, CJD-301S/L, and the R-408 certificate.
  • If you have children, avoid missing parent hard stops like OCAJ-1 and CJD-304 (and keep your packet consistent).
  • Understand the Nisi to Absolute timeline so you know when you’re actually divorced.

Download Our Massachusetts Uncontested Divorce Self Help Kit

Our kits don’t replace legal advice and can’t guarantee results. They’re designed to give you structure, clarity, and organization for a typical uncontested filing.

10. Final Thoughts and Next Steps

If you want the simplest Massachusetts path, start with the big question: Is this a true 1A joint divorce? If yes, you’ll likely be working with the Joint Petition (CJD-101A), the correct Financial Statement (CJD-301S or CJD-301L), the Affidavit of Irretrievable Breakdown, and the R-408 certificate, and you should plan around the 30 + 90 Nisi timeline so you know when the divorce is actually final.

  • Confirm you meet Massachusetts residency and jurisdiction rules for filing in Probate and Family Court.
  • Decide 1A vs. 1B based on whether you can file jointly with a complete Separation Agreement.
  • If you have children, confirm you have the required parent forms ready (including OCAJ-1 and CJD-304 in many cases).
  • Use the official forms list to confirm you’re using the latest versions.
  • Do not schedule major life changes assuming you’re divorced immediately after the hearing.
  • If there’s intimidation, complex assets, or unfair pressure, pause and get legal help.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.