What Are the Filing Requirements in Massachusetts?
Understanding What It Takes to File for Divorce in Massachusetts
In Massachusetts no-fault divorces, you must file:
- Financial Statements
- Affidavit of Irretrievable Breakdown
- Form CJD 101A – Joint Petition for Divorce
- Certified Copy of Civil Marriage Certificate
- Separation Agreement, Signed and Notarized
- Form R-408 – Certificate of Absolute Divorce
- If Children – Custody Form OCAJ-1, Child Support CJD304, and Parent Education Certificate
For a fault / contested divorce, you will need to file:
- Financial Statements
- Form CJD101 – Complaint for Divorce
- Certified Copy of Civil Marriage Certificate
- Form R-408 – Certificate of Absolute Divorce
- And the additional documents if you have children
If the grounds for divorce occurred in Massachusetts, one of the two spouses must be a resident of the Commonwealth of Massachusetts. If the grounds for divorce occurred outside of Massachusetts, one of you must have been a resident in Massachusetts for at least one year. Actions for divorce are to be filed, heard, and determined in the probate and family court in the county where one of the party lives, except if either of you reside in the county where you were parties and lived together, the action is to be heard and determined in a court for that county.
