Am I Eligible to File for Divorce in Massachusetts? (2026)
Work through this eligibility checklist before filing. Massachusetts has a residency requirement, a choice between 1A and 1B procedures, and a mandatory Financial Statement requirement.
Disclaimer: General legal information only. Consult a licensed Massachusetts attorney for your situation.
Section 1 — Residency
Massachusetts requires one of the following:
- 1-year residency: At least one spouse has lived in Massachusetts for the 1 year immediately before filing → ✅ Eligible
- Grounds occurred in Massachusetts: The grounds for divorce occurred in Massachusetts AND at least one spouse currently lives in Massachusetts → ✅ Eligible
- Neither applies: You cannot yet file in Massachusetts → ❌
File in the Probate and Family Court in the county where either spouse lives.
Section 2 — 1A or 1B?
1A Joint Petition — Use When:
- Both spouses agree the marriage is irretrievably broken
- Both spouses agree on ALL property division, debt allocation, and alimony terms
- If children: both spouses agree on legal custody, physical custody, parenting schedule, and child support
- Both spouses are willing to attend a brief court hearing together
- Both spouses will sign the Joint Petition and Separation Agreement
If all checked → ✅ File a 1A. Fastest, lowest-cost Massachusetts divorce path.
1B Complaint — Use When:
- One spouse doesn't agree or won't cooperate
- Parties need time to work out the agreement through the court process
- One spouse is using fault grounds
- Parties cannot reach full agreement before filing
Section 3 — Financial Statement Readiness
Both parties must file a Financial Statement (short or long form) in every Massachusetts divorce. This is not optional.
Short Form (CJD 301S): Annual income under $75,000 Long Form (CJD 301L): Annual income $75,000 or more
Each spouse completes their own, current Financial Statement. Gather:
- Current monthly income (all sources)
- Current monthly expenses (housing, utilities, food, transportation, insurance, etc.)
- List of all assets (real estate, bank accounts, retirement accounts, vehicles, investments)
- List of all liabilities (mortgage, car loans, credit cards, student loans)
- Recent pay stubs and tax returns
Without complete Financial Statements from both parties, the judge will not proceed.
Section 4 — All-Property Division
Massachusetts courts have jurisdiction over all property — not just property acquired during the marriage. Pre-marital property, gifts, and inheritances may all be considered.
Before filing, assess:
- All real estate owned by either spouse (including pre-marital)
- All bank and investment accounts (including pre-marital)
- All retirement accounts (with pre-marital balance noted)
- All vehicles
- Any inherited property or gifts received during the marriage
- Business interests
This broad property scope makes financial transparency essential. Your Financial Statements must be complete and accurate.
Section 5 — Children
If minor children are involved (under 18):
- A detailed Separation Agreement or court order addressing legal custody, physical custody (parenting schedule), and child support is required
- Child support must be calculated using the Massachusetts Child Support Guidelines — cannot be waived without written findings
- If parents cannot agree, the court determines custody and support based on the best interest of the child standard
Section 6 — Alimony Assessment
Under the Massachusetts Alimony Reform Act of 2012, alimony has 4 types with durational limits tied to the length of the marriage. In your Separation Agreement, either:
- Specify the alimony type, amount, and duration, OR
- Include a written waiver of alimony by the recipient spouse
Last reviewed: March 2026 | 1A = joint petition; 1B = complaint | Financial Statements required in all MA divorces
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.