Uncontested divorce is the process in which both parties agree to dissolve their marriage together. The key to an uncontested divorce is that you are filing with your spouse.
How do I file an uncontested divorce?
You must file an uncontested divorce in Massachusetts with your spouse. The question is really how do "WE" file together an uncontested divorce.
What are the grounds for an uncontested divorce?
The only ground for an uncontested divorce in Massachusetts is an irretrievable breakdown of the marriage. This is the Massachusetts "no fault divorce."
What forms do we need to file an uncontested divorce?
You and your spouse will need to file the following probate court forms to file and uncontested divorce?
1. Joint Petition for Divorce Pursuant to G.L. c.208, Section 1A (a "1A" divorce) signed by both parties.
2. An R-408 Form.
3. An Affidavit of Irretrievable Breakdown Pursuant to Mass. General Laws C.208 Section 1A signed by both parties.
4. A Notarized Separation Agreement.
5. Affidavit Disclosing Care or Custody of a child Trial Court of Massachusetts only if you have minor children.
6. Each party must submit a Financial Statement.
7. A Child Support Guidelines Worksheet, if you he minor children.
8. A Certified Copy of Your Marriage Certificate.
9. A Filing Fee of $215.00
Where do I file File?
You must file in the Massachusetts County where one party is a resident. You should also check with the probate court in your county to see if they allow "walk in" so you can select a day with your spouse and "walk in" the papers rather than mail the paperwork with a request for a court date to the probate court. Most counties allow you to "walk-in" the paperwork so long as you are at the court before 8:30am in the morning with your spouse.
Additional resources provided by the author
see Massachusetts Probate Court forms page for the form
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