Massachusetts Divorce FAQ — Most Common Questions (2026)

Basics

What is the difference between a 1A and 1B divorce in Massachusetts? A 1A is a joint petition — both spouses agree on everything and file together. A 1B is a complaint — one spouse initiates and the other responds. 1A is faster and less costly; 1B is used when agreement isn't possible up front or one spouse is non-cooperative.

How long do I have to live in Massachusetts before filing? One spouse must have lived in Massachusetts for 1 year before filing, OR the grounds for divorce occurred in Massachusetts and one spouse currently lives there.

What is the ground for divorce in Massachusetts? "Irretrievable breakdown of the marriage" is the no-fault ground. Massachusetts also has 7 fault grounds including adultery, cruel and abusive treatment, and desertion.

The Nisi Period

What is the nisi period? After the judge signs the Judgment of Divorce Nisi, there is a mandatory 90-day waiting period before the divorce becomes absolute. You are NOT divorced during the nisi period. The divorce becomes final on Day 91 (unless an appeal is filed, which extends it to 120 days).

Why does Massachusetts have a nisi period? The nisi period allows time for appeals and reconsideration. It is a distinctive feature of Massachusetts divorce law with no equivalent in most other states.

Can I remarry during the nisi period? No. You cannot remarry until the divorce is absolute (Day 91 after the nisi judgment, or later if appealed).

Forms and Process

Do both spouses have to file Financial Statements? Yes. Both parties must file a Financial Statement in every Massachusetts divorce — 1A and 1B. There are no exceptions. The form used depends on income level: Short Form (CJD 301S) for under $75,000/year; Long Form (CJD 301L) for $75,000 or more.

Do I have to go to court for a 1A? Yes. A 1A divorce requires both spouses to appear at a hearing before a judge. The judge reviews the Separation Agreement and Financial Statements. No hearing is avoided in a Massachusetts divorce.

What is a Separation Agreement? A written contract addressing all property, debts, alimony, and (if applicable) children's arrangements. Required for a 1A divorce. Reviewed by the judge for overall fairness.

Property

Can the court take my pre-marital property or inheritance? Massachusetts courts have authority to consider and divide all property, including pre-marital assets and inheritances. There is no automatic exemption. Courts weigh the origin of assets, but they are not immune from division.

Does Massachusetts split property 50/50? No. Massachusetts uses equitable distribution — fair under all circumstances. There is no presumption of equal division. Courts apply 13 statutory factors.

What is the Alimony Reform Act of 2012? A significant reform that created 4 types of alimony (General Term, Rehabilitative, Reimbursement, Transitional) and established durational limits tied to marriage length. It ended permanent alimony as a default.

Children

Who decides custody in Massachusetts? In an agreed 1A case, the Separation Agreement controls (subject to judicial approval). In a contested 1B case, the judge applies the best interests of the child standard.

How is child support calculated? Using the Massachusetts Child Support Guidelines (mandatory worksheet). The court will not deviate without written findings.

When does child support end? At age 18, or age 21 if still in high school. College contribution may extend to age 23 if the child is enrolled.

After Divorce

How do I transfer the house after the divorce? A Quitclaim Deed must be prepared, signed, and recorded at the county Registry of Deeds. This must be done after refinancing is complete and after the Absolute Divorce.

What is the Certificate of Absolute Divorce? The official document certifying that the nisi period has expired and the divorce is absolute. Request certified copies from the court after Day 91.

Last reviewed: March 2026 | Massachusetts forms: mass.gov/divorce-forms | Nisi period: 90 days after judgment

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