Why Divorce.com?
Benefits of an online divorce
Divorce.com is a perfect solution for people who need to prepare uncontested divorce papers and file them, but don't know how. Thanks to effective, legit, and affordable tools provided by this platform, each person can select and fill out necessary documents in no time.
Your only task is to answer simple survey questions, so that we can get meaningful information regarding the terms of your divorce. Then, Divorce.com will guide you through each step in the process of preparing divorce papers.
Finally, you will be able to download completed forms in a PDF format, along with the step-by-step filing instructions. Then, simply print the papers, and file for marriage termination in the local court.
Massachusetts
Divorce Forms
All the forms required
Considering that each divorce case is unique, the list of divorce papers may differ from one couple to the other. But, despite the type of divorce, a petitioner should be prepared to submit the following documents:
Joint Petition for Divorce under MGL Ch. 208, Sec. 1A
Joint Affidavit under MGL Ch. 208, Sec. 1A
Financial Statement
An Affidavit Disclosing Care or Custody Proceedings (Form OCAJ-1)
Motion for Ordering Requirement of Parenting Class
An Affidavit of Irretrievable Breakdown
Child Support Guidelines Worksheet (Form CJD304)
Child Support Findings (Deviation) Form (Form CJD 305)
Schedule for Visitation/Parenting Time of Minor Children
Parent Education Certificate
Motion to Waive Attendance at Parent Education Program (Form CJD 444)
An Income Assignment Worksheet
Request for Trial - Pre-Trial Assignment
Complaint for Divorce
A Divorce/Separate Support Summons
An Answer and Counterclaim
Marital Settlement Agreement
Affidavit of Indigency and Request for Waiver, Substitution or State Payment of Fees and Costs
Motion for Temporary Orders
Complaint for Modification
Complaint for Modification of Alimony
Financial Statement (Short Form for Husband)
Financial Statement (Long Form for Wife)
Financial Statement (Long Form for Husband)
Monthly Self Employment or Business Income (Schedule A)
Rent From Income Producing Property (Schedule B)
Order for Support, Health Insurance, and Income Assignment
Certificate of Absolute Divorce or Annulment (Form R-408)
Steps to consider
Filing Requirements
Residency Requirements
To be eligible for divorce in Massachusetts, it is mandatory to follow one of the residency requirements mentioned below:
If the grounds for divorce occurred in Massachusetts, a petitioner must be a resident of the state when filing for divorce.
If the grounds for divorce occurred outside of the state, a petitioner must have lived in Massachusetts for 1 year before the divorce case starts.
Otherwise, the court will not have jurisdiction to hear the case.
Grounds for Divorce
The state of Massachusetts currently accepts both no-fault and fault-based grounds for divorce. When it comes to a no-fault divorce, both parties must agree that their marriage is irretrievably broken, and there's no chance for reconciliation.
In turn, Massachusetts fault-based grounds for divorce include adultery, impotency, desertion, confirmed habits of intoxication, cruel treatment, refusal or neglect to provide suitable support and maintenance for the other spouse, as well as a spouse's sentence of imprisonment for five or more years.
Initial Filing
Once divorce paperwork is completed and signed, it must be filed with the court. It can be done in the county where spouses resided as a couple, given that at least one of them still lives there. Alternatively, if both parties have moved from that county, a petitioner can file divorce papers in the county where either of them lives now.
Most local courts accept legal forms in person, by mail, or through the e-filing system, but it is important to contact the Probate and Family Court to obtain information regarding filing by mail.
Filing Fees
When filing divorce documents, soon-to-be ex-spouses should pay mandatory court fees that vary slightly from county to county. The average filing fee for a contested divorce is $220, whereas people pursuing an uncontested divorce will need to pay $215. Also, it is important to keep in mind the electronic filing fee, which is approximately $25 in the state.
If the couple can't afford to pay, they can submit an Affidavit of Indigency with a request to waive this payment.
Serving the Respondent
If parties have applied for divorce jointly, there's no need for official service on the partner. In other cases, a petitioner will need to inform the respondent that legal action is taken against them, within 90 days after filing legal papers. In Massachusetts, it can be done in one of the following ways:
By hiring a Sheriff or a Constable to serve the spouse with divorce paperwork personally;
By publication or by mailing (if the Sheriff or Constable fails to find the defendant).
Waiting Period
Massachusetts law requires divorcing spouses to go through a mandatory waiting period of 90-120 days before their divorce can be finalized legally.
If the couple files for divorce jointly, they have to wait 120 days for their marital status to change from "married" to "divorced" (a 30-day waiting period before the judgment is entered + a 90-day "Nisi Period" after the divorce hearing).
In contested cases, the couple will have to wait a minimum of 90 days before the divorce becomes final or absolute.
Finalizing a Divorce Case
In the end, both parties will be required to attend a court hearing to finalize their divorce in Massachusetts. During this session, the judge reviews submitted paperwork and checks whether all requirements have been met. If the proposed divorce terms are fair, the judge will approve the agreement.
For a contested divorce, the couple will most likely need to attend a variety of additional hearings to resolve all divorce-related issues.
Filing basics
Filing for Divorce
Massachusetts
How to get started
Considering that each divorce case is unique, the list of divorce papers may differ from one couple to the other. But, despite the type of divorce, a petitioner should be prepared to submit the following documents:
Joint Petition for Divorce under MGL Ch. 208, Sec. 1A
Joint Affidavit under MGL Ch. 208, Sec. 1A
Financial Statement
An Affidavit Disclosing Care or Custody Proceedings (Form OCAJ-1)
Motion for Ordering Requirement of Parenting Class
An Affidavit of Irretrievable Breakdown
Child Support Guidelines Worksheet (Form CJD304)
Child Support Findings (Deviation) Form (Form CJD 305)
Schedule for Visitation/Parenting Time of Minor Children
Parent Education Certificate
Motion to Waive Attendance at Parent Education Program (Form CJD 444)
An Income Assignment Worksheet
Request for Trial - Pre-Trial Assignment
Complaint for Divorce
A Divorce/Separate Support Summons
An Answer and Counterclaim
Marital Settlement Agreement
Affidavit of Indigency and Request for Waiver, Substitution or State Payment of Fees and Costs
Motion for Temporary Orders
Complaint for Modification
Complaint for Modification of Alimony
Financial Statement (Short Form for Husband)
Financial Statement (Long Form for Wife)
Financial Statement (Long Form for Husband)
Monthly Self Employment or Business Income (Schedule A)
Rent From Income Producing Property (Schedule B)
Order for Support, Health Insurance, and Income Assignment
Certificate of Absolute Divorce or Annulment (Form R-408)
Custody Basics
When people with minor children are going through a divorce, they should take responsibility for determining the place of the child's residence, which parent will care for the child on a day-to-day basis, and who will make major decisions regarding key aspects of the child's welfare.
Massachusetts Family Law recognizes both legal and physical custody, and these are awarded either on a sole or shared basis. A judge making a custody determination in this state is typically guided by the best interests of the child. They include, but are not limited to:
each parent's ability to meet the child's basic needs
each parent's physical and mental health
each parent's financial stability
the child's personal relationships with each parent and other family members
the child's home, school, and community record
any history of domestic abuse or child neglect
any other relevant factors
If there is evidence that it is out of the best interests of the child to be under shared custody, then one parent will be awarded legal and/or physical custody.
Uncontested Divorce
If both spouses agree that their marriage has irretrievably broken down, they can apply for a simple, cheap, and relatively quick uncontested, also known as a no-fault 1A, divorce in Massachusetts. In this case, they should also reach a full agreement regarding child custody, parenting time, spousal support, and division of shared property.
The main benefits of this type of divorce are as follows:
Lower costs and expenses.
Parties won't be required to spend thousands of dollars on expensive attorney's services to resolve divorce-related issues in court.
Faster resolution.
On average, uncontested divorces take around 4-8 months in the state, whereas contested ones usually last over a year.
Privacy and confidentiality.
In an uncontested divorce, all negotiations, conditions, and personal statements are kept between the divorcing spouses.
Support Basics
Even though both parents have a duty to support their child financially in Massachusetts, it is usually the noncustodial parent who makes monthly child support payments. According to Child Support Guidelines, the amount of support depends on several factors, including the gross income of the parties, the child's health insurance costs, and the partners' ability to pay.
The judge traditionally determines minimal support costs or adjusts a certain amount of support up or down. If one of the parents believes that the total amount or the way it is divided is unfair, they can ask the court to revise this aspect of the divorce.
