How Do I File a No-Fault 1B Divorce?


Massachusetts offers a few options when you want to file for divorce. You should choose the option that best suits your situation, as each has specific criteria you need to meet. Understanding the requirements for a specific type of divorce helps save you time in the long run. You do not want to start filing for one type only to realize it is not the best option. explains that one of your options to end your marriage is the no-fault 1B divorce. This type of divorce is the right choice if you do not agree with your spouse on property division, child custody or support issues. To file this contested no-fault divorce, you have to meet the general divorce requirements and submit the correct paperwork. 

Where to file 

You will file for your divorce with the Probate and Family Court. You must bring all the paperwork and pay a filing fee. 

Paperwork requirements 

The state requires that you file a Complaint for divorce under section 1B form, along with a Record of Absolute Divorce. You also must include your marriage certificate. It can be a copy, but the court will only accept a certified copy. 

If you have children, the court will also require a certificate that shows you completed a parent education course. You will also need to file a child support guidelines worksheet and an Affidavit of Care and Custody. If you would like to receive temporary support payments, either child or spousal support, or have a ruling on temporary custody for your children, you will file a Motion for Temporary Orders, as well. 

General requirements 

The state requires that your marriage end in the state. You also need to have lived in the state as a couple during your marriage. Finally, you need to have lived here for at least one year before filing. 

Make sure you file all the paperwork the court requires; otherwise you may delay the process. Always fill out paperwork completely.