How to Get a No-Fault Divorce in Massachusetts: State Requirements and Documents

Do you want to know how to file for divorce in Massachusetts?

The state of Massachusetts is a totally no-fault divorce state, which means that if a no-fault divorce is filed, the court will not assign blame to either side for the divorce. Massachusetts’ only cause for no-fault divorce is irreconcilable differences (the two parties no longer get along). Adultery and abuse, for example, do not matter in this situation for the purposes of the divorce, although they may in respect to child custody.

Requirements for Residency

The residence criteria for divorce in Massachusetts are as follows:

You and your husband resided in Massachusetts, and the divorce occurred in Massachusetts.
You and your spouse resided in Massachusetts, and one of you lived in Massachusetts at the time of the divorce. You lived in Massachusetts one year after filing the divorce papers, even if the cause for the divorce occurred outside of Massachusetts.
You filed for divorce in Massachusetts, and the cause for the divorce occurred in Massachusetts.

Complete your Forms

Please keep in mind that no-fault divorce papers must be printed on bonded, acid-free paper. All persons filing for no-fault divorce in Massachusetts must fill out the following forms:

Complaint for Divorce Form: Only one party must sign this form, and the other party will be served with a summons.
Alternatively, a Joint Divorce Petition: To be accomplished if all parties have reached formal agreement on all concerns.
Vital Records and Statistics Registry Certificate of Absolute Divorce or Annulment (R408 Form): This form must be completed by both parties.
Print this form on pink paper, with the second sheet printed on the reverse of the first. Parties earning more than $75,000 per year must fill out an extra lengthy form on purple paper.

Couples with Children Forms:

Affidavit Disclosing Care or Custody Form: This notifies the court who has been caring for the children, as well as any other current custody orders that are relevant to the case.

Additional Forms, if Required:

Worksheet for Child Support Guidelines: If you have minor children from your marriage, print this form on yellow paper, then put the second page on the reverse of the first.
Divorce Settlement Agreement: If both parties are in agreement on their divorce, they should complete this agreement

Forms to bring with you:

You must also produce a verified duplicate of your marriage license, which can be obtained from the city or municipality where you were married.

Make duplicates of your forms.

Make at least two duplicates of each document after you have completed it. One set will be submitted with the court clerk’s office, while the other should be retained for your documents.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

Bring the originals and duplicates of your papers to the court clerk’s office. If everything is in order, the assistant will use the original papers and charge a filing fee. If you are unable to pay the filing costs, you may request an Affidavit of Indigency and Supplemental Affidavit.