An uncontested divorce in Massachusetts, filed as a No-Fault 1A Joint Petition, requires you and your spouse to agree on every decision the court would otherwise have to make for you: alimony, dividing property and debts, the marital home, health insurance, and, if you have minor children together, custody, parenting time, child support, and related tax issues. [1][2]
Because both spouses come to court in agreement, a 1A joint petition generally moves faster and costs less than a contested case filed under Massachusetts’s other divorce filing track, but the case still has to satisfy specific legal requirements before a judge will approve it.
What Qualifies as an Uncontested Divorce in Massachusetts
You can file a No-Fault 1A Joint Petition when you and your spouse both want the divorce and agree about:
- Alimony or spousal support
- Dividing your assets and property
- Dividing your debts
- What happens to the marital home
- What happens with health insurance
If you have minor children together, you must also agree about custody, parenting time, child support, and related tax issues such as the child tax credit and head of household status.
How Much Does an Uncontested Divorce Cost
The Probate and Family Court charges a $200 filing fee plus a $15 Register surcharge, for $215 total, to file a Joint Petition for Divorce. [3]
Beyond the court fee, your total cost depends on whether you use an attorney and how much drafting or review your separation agreement needs. Because pricing varies by firm and by how complex your assets and parenting plan are, the most reliable way to know your cost is to ask for a free case evaluation rather than rely on a generic estimate.
The 1A Filing Process, Step by Step
- File the Joint Petition along with your marriage certificate, Report of Absolute Divorce (R-408), financial statements, and a notarized Separation Agreement.
- If you have minor children, also file the Affidavit Disclosing Care or Custody Proceeding and the Child Support Guidelines Worksheet.
- The court schedules a hearing where both spouses appear before a judge.
- The judge reviews the Separation Agreement to confirm it addresses every required topic and is fair and reasonable.
- If the judge approves the agreement, a judgment of divorce nisi enters 30 days later, and it becomes absolute 90 days after that entry.
That timeline means many joint petitions become final roughly four months after the court’s initial approval of the agreement. [4][5]
When a Judge Might Not Approve Your Agreement
A judge will ask both spouses whether they read the agreement, believe it is fair, understand it, and signed it voluntarily. [6]
- The agreement leaves out a topic the law requires it to address
- The terms appear one-sided or were signed under pressure
- One spouse tells the judge they do not understand or agree with a provision
If the judge does not approve the agreement as written, the petition becomes null and void, and the case is treated as dismissed, though without prejudice, meaning you can refile. [7]
Frequently Asked Questions
| Question | Answer |
|---|---|
| What Is a 1A Divorce in Massachusetts? |
A 1A divorce is a No-Fault Joint Petition filed together by both spouses when they agree on every issue the court would otherwise decide, including support, property division, and, where applicable, custody and child support. |
| How Long Does an Uncontested Divorce Take? |
After the court approves your separation agreement at the hearing, a judgment nisi enters 30 days later and becomes absolute 90 days after that. Most 1A cases therefore become final roughly four months after approval, plus whatever time it takes to get a hearing date. |
| Can a Judge Reject an Uncontested Divorce Agreement? |
Yes. If the judge finds the agreement incomplete, unfair, or not truly voluntary, the agreement becomes void and the case is dismissed without prejudice, which means the couple can address the problem and refile. |
| Do Both Spouses Need Separate Lawyers? |
Massachusetts does not require either spouse to have a lawyer to file a 1A joint petition. However, having your own attorney review the agreement, especially where retirement accounts, real estate, or children are involved, can help you understand what you are agreeing to before you sign. |
Talk to an Essex County Divorce Attorney
Agreeing with your spouse on every issue is a meaningful step, and it is worth confirming that your Separation Agreement is complete and fair before you present it to a judge. Porcello Law Offices has helped Essex County spouses prepare and review joint petitions for two generations.
Reach offices at 978-745-5553 for a free case evaluation, or speak directly with our family law attorneys about your separation agreement.
Sources
- M.G.L. c. 208, § 1A (joint petition for divorce; general framework)
- Massachusetts Legal Help, “How to File a No-Fault 1A Joint Petition for Divorce” (2025) (itemized required agreement topics)
- Probate and Family Court Filing Fees, Mass.gov
- M.G.L. c. 208, § 1A (judgment nisi entry 30 days after approval)
- M.G.L. c. 208, § 21 (judgment nisi; 90-day period before the judgment becomes absolute)
- Massachusetts Legal Help, “How to File a No-Fault 1A Joint Petition for Divorce” (2025)
- M.G.L. c. 208, § 1A (unapproved agreement is void; case dismissed without prejudice)
