Joint Petition for Divorce in Massachusetts: The 1A Process Explained

Filing a joint petition — known as a "1A divorce" — is the fastest, least expensive way to end a marriage in Massachusetts. Both spouses agree on everything before filing: property division, spousal support, and if children are involved, custody and a parenting plan. There's no adversarial hearing, no contested motions, and no drawn-out litigation.

But "uncontested" doesn't mean "simple." The Probate and Family Court requires a comprehensive separation agreement, financial disclosures, and — for parents — a detailed parenting plan before it will approve the petition.

Who Qualifies for a 1A Joint Petition

To file jointly under M.G.L. c. 208, § 1A, both spouses must:

• Agree that the marriage has irretrievably broken down — this is the no-fault ground
• Reach a complete written agreement covering all issues: property division, alimony, child custody, parenting time, and child support
• Be willing to sign a sworn affidavit confirming the marriage breakdown

There's no minimum separation period. You can file a 1A petition while still living in the same house as long as both parties agree the marriage is over.

What You Need to File

The filing packet for a Joint Petition includes:

1. Joint Petition for Divorce (Form CJD-101A) — the primary complaint signed by both spouses
2. Notarized Separation Agreement — the full written agreement covering all terms
3. Child Care or Custody Disclosure Affidavit — required in any case involving minor children (Trial Court Rule IV)
4. Certified Marriage Certificate — obtain from the city or town clerk where the marriage took place
5. Rule 401 Financial Statements — both spouses must file detailed income, expense, and asset disclosures

Filing cost: $200 court fee plus a $15 surcharge = $215 total. No summons fee applies because both parties are co-petitioners. Fee waivers are available for those who qualify.

The Court Hearing

Once filed, the court schedules a brief hearing — typically within 30 to 120 days depending on the county's backlog. Both spouses must attend. The judge reviews the separation agreement to confirm:

• Both parties entered the agreement voluntarily
• The terms are fair and reasonable
• The parenting plan serves the children's best interests
• Financial disclosures are complete

If the judge is satisfied, they approve the agreement and enter a formal finding. A 30-day waiting period then runs before the Judgment Nisi enters.

Understanding the Nisi Period

Massachusetts is unusual among states in that divorce judgments aren't immediately final. After the 30-day waiting period, the Judgment Nisi enters and the divorce has a 90-day nisi period. During these 90 days:

• You remain legally married
• You cannot remarry
• Either spouse can ask the court to set aside the judgment if fraud, concealed assets, or coercion is discovered

After 90 days, the judgment automatically becomes absolute — no additional filing is required. This is when the divorce is legally final for all purposes, including remarriage, insurance changes, and tax filing status.

For context, a contested 1B divorce has a 90-day nisi period after judgment; a six-month waiting period from filing must elapse before the final hearing or settlement approval.

How Custody Works in a 1A Filing

For parents, the separation agreement must include a parenting plan that covers:

• Legal custody allocation — joint or sole decision-making authority over education, healthcare, and religious upbringing
• Physical custody schedule — the specific weekly routine, including weeknight and weekend arrangements
• Holiday and vacation rotation — an alternating schedule for major holidays, school breaks, and birthdays
• Transportation logistics — who drives, where exchanges happen, and how to handle schedule disruptions
• Communication protocols — phone and video call schedules with the non-residential parent

The judge reviews this plan at the hearing. If it's vague, incomplete, or clearly unfavorable to one parent, the court may reject the agreement and require revisions.

When a 1A Petition Fails

A joint petition can be denied if:

• The judge finds the separation agreement unconscionable or coerced
• Financial disclosures reveal hidden assets or income
• The parenting plan lacks required detail (schedules, holidays, transportation)
• One spouse changes their mind before the hearing

If a 1A is denied or one spouse withdraws, the case typically converts to a 1B contested divorce — a longer, more expensive process involving temporary orders, discovery, and potentially a trial.

Building a Solid Parenting Plan

The separation agreement is only as strong as the parenting plan inside it. Parents who submit a detailed, enforceable plan — with specific schedules, clear dispute-resolution clauses, and realistic logistics — are far more likely to get court approval on the first attempt.

The Massachusetts Child Custody & Parenting Plan Guide walks through every element the Probate and Family Court expects, with worksheets for building a schedule that works for your family's specific situation.

See more Massachusetts guides →