Family Law Resources

Filing for Divorce in Massachusetts

Residency Requirements

At least one spouse must reside in Massachusetts (no specific duration if grounds occurred in MA).

Where to File

File in Probate and Family Court in the county where you last lived together or either spouse's current county.

Types of Divorce

• 1A (Uncontested Joint Petition): Both parties agree on all issues


• 1B (Contested): One party files with disputes

No-Fault Grounds

Massachusetts uses "irretrievable breakdown" as grounds for no-fault divorce.

Required Forms

Complaint for Divorce, Financial Statement, and separation agreement (for 1A).

Parent Education

Mandatory co-parenting education ("Two Families Now" 4-hour online course) required for contested custody cases.

Family Courts in Massachusetts

Massachusetts handles family law matters through the Probate and Family Court Department.

Court Locations (14 Counties)

One court per county: Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester. Some have satellite courthouses.

Jurisdiction

• Divorce, paternity, child support


• Custody, visitation, adoption


• Termination of parental rights


• Abuse prevention orders


• Wills, guardianships, conservatorships


• Name changes

Virtual Services

Virtual registries available for remote registry assistance. Court Service Centers provide free help with forms regardless of income.

Filing Fees in Massachusetts

Fee Breakdown

• Filing fee: $200 + $15 surcharge + $15 citation = approximately $220-$305


• Summons: $5 each


• Publication costs: If needed

Fee Waiver (Affidavit of Indigency)

Available for those with income at or below 125% federal poverty level ($19,562 individual, $40,187 family of four in 2025).

Typical Total Costs

• Uncontested divorce: $3,900-$4,500


• Contested divorce: $25,000-$55,000


• Guardian ad Litem: $4,000-$5,000+ when appointed

Free Legal Resources in Massachusetts

Online Resources

• MassLegalHelp: masslegalhelp.org - free legal information


• Massachusetts Legal Resource Finder: masslrf.org


• Free Legal Answers: mass.freelegalanswers.org

Regional Legal Aid

• Community Legal Aid: (855) 252-5342 - Central/Western MA


• Greater Boston Legal Services: 617-371-1234


• South Coastal Counties: (508) 676-6265


• Northeast Legal Aid: 800-336-2262

Dial-a-Lawyer

(617) 338-0610 - First Wednesday monthly 5:30-7:30pm

Eligibility

Typically at or below 125% FPL. Court Service Centers help with forms regardless of income.

Critical Deadlines in Massachusetts

The Nisi Period (Unique to MA)

• 1A (Uncontested): 120 days total (30-day entry period + 90-day nisi)


• 1B (Contested): 90 days after judgment

What is Nisi?

A waiting period before divorce becomes final. During nisi, you remain legally married and cannot remarry. Any marriage during nisi is void.

Contested Case Waiting Period

6-month automatic waiting period before approval (can convert to 1A to bypass).

Dismissal Option

To stop divorce, file a Motion to Dismiss before nisi becomes absolute.

Massachusetts' Unique Family Law Features

The Nisi Period

Unique to Massachusetts - a 90-120 day waiting period before divorce is final. Historical compromise from 1975 no-fault divorce legislation allowing parties to reconsider.

Parenting Coordinators

Must be attorneys or licensed mental health professionals with 30+ hours mediation training and 6+ hours domestic violence training. Cannot make final custody decisions.

GAL vs. ARC

• Guardian ad Litem (GAL): Investigates and recommends child's best interests


• Attorney Representing Children (ARC): Presents what the child wants

Two Families Now

Standardized 4-hour co-parenting course for contested cases.

GAL Categories

Category E and F GALs serve different investigation purposes.