Massachusetts Divorce: 1A vs 1B Process

Massachusetts uses a unique two-track system for divorce that does not exist in most other states. If you and your spouse agree on everything, you file a Joint Petition for Divorce under Section 1A. If you cannot reach a full agreement, you file a Complaint for Divorce under Section 1B. The track you choose affects your timeline, your costs, and how much control you keep over the outcome.

Understanding the differences between these two paths is the most important first step for anyone considering divorce in Massachusetts.

For a general overview of how divorce works across the country, see our complete guide to divorce. If you are weighing whether to try to reach an agreement first, our guide to contested vs. uncontested divorce provides helpful context.

Residency Requirements

Before you can file for divorce in Massachusetts, you must meet the state’s residency requirements under MGL Chapter 208, Section 5.

• If the cause of the divorce occurred within Massachusetts, either spouse must be a resident of the state at the time of filing. There is no minimum time requirement.
• If the cause of the divorce occurred outside Massachusetts, the filing spouse must have been a resident of the state for at least one year before filing.

In practice, most couples satisfy the residency requirement without difficulty. If both spouses currently live in Massachusetts, residency is not an issue regardless of where the marriage took place or where problems arose.

Grounds for Divorce in Massachusetts

Massachusetts recognizes both no-fault and fault-based grounds for divorce.

No-fault ground: Irretrievable breakdown

The vast majority of Massachusetts divorces are filed on the no-fault ground of irretrievable breakdown of the marriage. This means the marriage is broken beyond repair, and there is no reasonable prospect of reconciliation. Neither spouse has to prove the other did something wrong.

Both the 1A and 1B tracks can be filed on the ground of irretrievable breakdown.

Fault-based grounds

Massachusetts still allows fault-based divorce under MGL Chapter 208, Sections 1-2. Fault grounds include:

• Adultery
• Impotence
• Desertion for one year
• Alcohol or drug addiction
• Cruel and abusive treatment
• Failure to provide suitable support (nonsupport)
• Imprisonment for five or more years

Fault-based divorces are always filed under the 1B track because they are initiated by one spouse against the other. Fault grounds are rarely used today because they require proof, add time and expense, and Massachusetts courts generally do not give significant weight to fault when dividing property or awarding support.

The 1A Divorce: Joint Petition (Uncontested)

A 1A divorce is the faster, simpler, and less expensive path. It is available when both spouses agree on every issue and can submit a complete agreement to the court at the time of filing.

How it works

Both spouses file a Joint Petition for Divorce together. Neither party is the plaintiff or defendant. Along with the petition, the spouses must submit:

• A Separation Agreement that covers all terms of the divorce, including property division, spousal support (alimony), child custody, child support, and parenting time
• A Financial Statement from each spouse (short form if income is under $75,000; long form if income is $75,000 or more)
• A certified copy of the marriage certificate
• The court filing fee of approximately $215 (this includes a $200 filing fee plus a $15 surcharge)

The 1A hearing

After filing, the court schedules a hearing, typically within 30 days. Both spouses must attend. The judge reviews the separation agreement to confirm:

• Both parties entered the agreement voluntarily
• The terms are fair and reasonable
• If children are involved, the arrangement serves the best interests of the children

The hearing is usually brief — often 15 to 30 minutes. If the judge approves the agreement, the divorce enters the nisi period.

The 90-day nisi period

After approval at the hearing, the divorce is not immediately final. For a 1A divorce, the judgment nisi enters automatically 30 days after the judge approves the agreement. The judgment then becomes absolute — meaning final and legally effective — 90 days after the nisi entry. The total waiting period from hearing to final judgment is therefore 120 days (30 + 90).

During this period, you are still legally married. You cannot remarry, and the terms of the separation agreement are not yet enforceable as a final judgment (though they may be enforceable as a contract).

Advantages of the 1A track

• Faster timeline. From filing to final judgment, a 1A divorce can be completed in approximately 4 to 5 months.
• Lower cost. Because there is no discovery, no motions practice, and no trial, legal fees are significantly lower.
• More control. The spouses — not the judge — determine the terms of the divorce.
• Less conflict. The joint petition process reduces adversarial dynamics.

The 1B Divorce: Complaint (Contested)

A 1B divorce is filed when the spouses cannot agree on all issues, or when one spouse wants to file without the other’s cooperation. It follows a more traditional litigation process.

How it works

One spouse (the plaintiff) files a Complaint for Divorce with the Probate and Family Court. The complaint can be based on irretrievable breakdown or any of the fault-based grounds.

The other spouse (the defendant) must be served with the complaint and summons. The defendant then has 20 days to file an answer and, if desired, a counterclaim.

Filing fees and initial costs

The filing fee for a 1B divorce is also approximately $215. However, total costs are typically much higher than a 1A divorce because of the litigation process.

The plaintiff must also pay for a summons and for service of process on the defendant. If the defendant cannot be located, the court may allow service by publication, which adds additional costs.

The 1B litigation process

After the complaint is filed and answered, the case proceeds through several stages:

1. Case management conference. The court schedules an early conference to set a timeline and discuss whether the case can be resolved through negotiation or mediation.
2. Temporary orders. Either party can request temporary orders for child custody, child support, spousal support, or use of the marital home while the divorce is pending.
3. Discovery. Both parties exchange financial information through interrogatories, document requests, and depositions.
4. Pre-trial conference. The judge meets with the attorneys to narrow the issues and encourage settlement.
5. Trial. If the case does not settle, the judge holds a trial and makes decisions on all disputed issues.

The nisi period for 1B divorces

For 1B divorces, the judgment nisi enters at the hearing and becomes absolute 90 days later. Unlike a 1A divorce (where there is an additional 30-day delay before the nisi enters), the 1B nisi period runs directly from the hearing date.

Timeline and cost

A contested 1B divorce can take anywhere from 12 to 24 months or longer. Legal fees typically range from $10,000 to $50,000 or more, depending on the complexity of the issues and the level of conflict.

Converting a 1B to a 1A

If spouses who filed a 1B divorce reach a full agreement at any point during the process, they can convert the case to a 1A. This is common. Many cases start as 1B filings because the parties are not yet in agreement, but through negotiation, mediation, or the litigation process itself, they reach a settlement. Converting to a 1A allows them to present a joint agreement to the court.

Equitable Distribution of Property

Massachusetts is an equitable distribution state. This means the court divides marital property fairly, but not necessarily equally. The governing statute is MGL Chapter 208, Section 34, which gives the court broad discretion to assign property to either spouse.

Factors the court considers

Under Section 34, the court considers the following factors when dividing property:

• Length of the marriage
• Conduct of the parties during the marriage (including fault, though its weight varies)
• Age, health, and station of each spouse
• Occupation and employability of each spouse
• Amount and sources of income
• Vocational skills and the ability to acquire future income
• Liabilities and needs of each spouse
• Opportunity for future acquisition of capital assets and income
• Present and future needs of dependent children
• Contribution to the acquisition, preservation, or appreciation of the marital estate, including homemaking contributions

All property is subject to division

One important feature of Massachusetts law is that the court can divide all property owned by either spouse — not just property acquired during the marriage. This includes assets one spouse owned before the marriage, inherited property, and gifts received by one spouse. While the source of the property is a factor the court considers, it does not automatically exclude premarital or inherited assets from division.

How equitable distribution works in practice

In many cases, courts start with a roughly equal division and adjust based on the factors listed above. Longer marriages tend to result in closer-to-equal splits. Shorter marriages may result in each spouse keeping more of what they brought into the marriage.

High-value assets — such as retirement accounts, business interests, and real estate — often require professional appraisals and may need to be divided through a Qualified Domestic Relations Order (QDRO) for retirement assets.

Alimony in Massachusetts

Massachusetts reformed its alimony laws significantly in 2011 with the Alimony Reform Act (MGL Chapter 208, Sections 48-55). The law established four types of alimony:

• General term alimony — periodic payments based on the length of the marriage, with durational limits
• Rehabilitative alimony — support for a spouse who is expected to become self-sufficient within a defined period
• Reimbursement alimony — compensation for a spouse who supported the other through education or career development
• Transitional alimony — short-term support to help a spouse adjust to a new living situation

The 2011 reform introduced durational limits tied to the length of the marriage. The durational limits are:

• 5 years or less: no more than 50% of the months of the marriage
• More than 5 to 10 years: no more than 60% of the months of the marriage
• More than 10 to 15 years: no more than 70% of the months of the marriage
• More than 15 to 20 years: no more than 80% of the months of the marriage
• More than 20 years: the court may order indefinite alimony

Children and Divorce in Massachusetts

When children are involved, the divorce must address legal custody, physical custody, parenting time, and child support.

Massachusetts encourages shared legal custody, which means both parents participate in major decisions about the child’s education, health care, and welfare. Physical custody — where the child lives — can be sole or shared.

Child support in Massachusetts is calculated using the Massachusetts Child Support Guidelines, which are updated periodically. The guidelines use an income shares model and consider each parent’s gross income, the cost of health insurance, childcare costs, and the parenting time arrangement.

For a detailed look at how Massachusetts calculates child support, see our guide on Massachusetts child support guidelines.

What to Do Next

1. Determine whether you and your spouse agree on all issues. If you do, a 1A divorce is likely the faster and less expensive path. If you do not yet agree but believe you can reach an agreement, consider mediation or collaborative divorce before filing a 1B.
2. Gather your financial documents. Both tracks require detailed financial disclosure. Start collecting tax returns, pay stubs, bank statements, retirement account statements, and mortgage documents.
3. Understand the timeline. Even a 1A divorce takes at least 4 to 5 months because of the hearing schedule and the 120-day total nisi period (30 days to nisi entry, then 90 days to absolute). A 1B divorce will take longer.
4. Consult a family law attorney. Whether you are pursuing a 1A or 1B divorce, an experienced Massachusetts family law attorney can protect your rights and help you avoid costly mistakes. Schedule a free consultation to discuss your options.

Frequently Asked Questions

What is the difference between a 1A and 1B divorce in Massachusetts?

A 1A divorce is an uncontested, joint petition where both spouses agree on all terms and file together. A 1B divorce is filed by one spouse (with or without the other’s agreement) and follows a traditional litigation process. The 1A track is generally less expensive and less adversarial.

How long does a divorce take in Massachusetts?

A 1A divorce can be finalized in approximately 4 to 5 months from filing. A 1B divorce typically takes 12 to 24 months or longer, depending on the complexity of the issues and whether the case goes to trial.

How much does it cost to file for divorce in Massachusetts?

The court filing fee is approximately $215, which includes the $200 filing fee and a $15 surcharge. This is the same for both 1A and 1B filings. Total legal costs depend on the type of divorce and the complexity of the issues involved.

Can a 1B divorce become a 1A divorce?

Yes. If spouses who filed a 1B divorce reach a full agreement on all issues at any point during the case, they can convert the case to a 1A divorce. This is common and allows the parties to benefit from the shorter 90-day nisi period.

Does Massachusetts divide property 50/50?

No. Massachusetts uses equitable distribution, which means the court divides property fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s income and earning capacity, and contributions to the marital estate. Additionally, Massachusetts allows the court to divide all property — including premarital assets — not just property acquired during the marriage.