Massachusetts Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't agree to a 1A divorce, you file a 1B Complaint for Divorce. Massachusetts does not require your spouse's consent.

Why the 1A Path Requires Cooperation

The 1A divorce requires both spouses to file together and sign the Separation Agreement. If your spouse refuses, a 1A is not available.

The 1B Complaint Process

Step 1 — File the Complaint for Divorce (CJD 101B)

File at the Probate and Family Court. Select the ground for divorce:

  • Irretrievable breakdown (no-fault, 1B unilateral) — no-fault but must live apart for at least 6 months before judgment enters, or get other party's consent
  • Fault grounds — adultery, cruel and abusive treatment, desertion, gross intoxication, non-support, felony sentence, impotency

Step 2 — Service on the Respondent

The Respondent must be formally served with the Complaint and Summons.

Service options:

  • Constable or sheriff: Standard in Massachusetts; $40–$80
  • Acceptance of Service: If Respondent is cooperative enough to sign
  • Certified mail: Not available in all MA courts for initial service — confirm with your court

Step 3 — Respondent's Answer

The Respondent has 20 days after service to file an Answer. The Answer may admit or deny the grounds for divorce and may include counterclaims.

Step 4 — Automatic Restraining Order

In Massachusetts, upon filing a divorce complaint, an automatic standing order is often in effect restraining both parties from:

  • Transferring, encumbering, or disposing of marital assets
  • Canceling or changing insurance policies
  • Removing the minor children from the Commonwealth

Confirm the specific orders applicable in your county.

Step 5 — Financial Statements

Both parties must file Financial Statements (short or long form). The court will not proceed to hearing without them.

Step 6 — Pretrial Conference

The court schedules a Pretrial Conference — typically 2–4 months after filing. At the conference:

  • Both parties present their positions
  • A judge or magistrate may mediate
  • If all issues resolve, parties submit a Separation Agreement for judicial approval

Step 7 — Default (If Respondent Doesn't Appear)

If the Respondent fails to appear or respond:

  1. File for Default
  2. Schedule a default hearing
  3. Present evidence at the hearing
  4. Judge enters a Judgment of Divorce Nisi
  5. 90-day nisi period begins

A Massachusetts default is not entered by paperwork alone — a brief default hearing is typically required where the Petitioner presents testimony.

Step 8 — Contested Trial (If Unresolved)

If parties cannot reach agreement, the case proceeds to trial. The judge decides all issues including property division, alimony, and (if applicable) custody and child support.

Useful Strategy: Convert 1B to Agreement

Many 1B cases settle before trial. Even after filing a 1B Complaint, the parties can negotiate and execute a Separation Agreement at any point, converting the case to a resolved matter. The judge then reviews and approves the agreement — similar to the 1A process.

Last reviewed: March 2026 | 1B = complaint; both parties must file Financial Statements | Massachusetts standing orders protect assets during divorce

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.