Uncontested vs. Contested Divorce in Massachusetts: Simplified Procedures and Mandatory Steps
In Massachusetts a joint petition with a signed agreement has no waiting period after filing, while a contested no-fault complaint has a hearing no earlier than six months after filing. Both judgments are nisi for 90 days first.
What is the same in an uncontested and a contested Massachusetts divorce?
The judgment is first a judgment nisi and becomes absolute after 90 days unless the court orders otherwise (M.G.L. c. 208, s. 21). The Massachusetts divorce timeline calculator shows both routes.
| Item | Agreed (joint petition, 1A) | Disputed (contested, 1B) |
|---|---|---|
| Filing | Joint petition, sworn affidavit and notarized separation agreement; no summons or answer | Complaint; summons and answer |
| Waiting time | None after filing; the court rules within 30 days of the hearing on the agreement | A hearing no earlier than 6 months after filing |
| Judgment nisi | 30 days after the court’s initial approval | When the court finds a continuing irretrievable breakdown at the hearing |
| Judgment absolute | 90 days after nisi | 90 days after nisi |
| Agreement | Filed with the petition or within 90 days of commencement | Not required |
How does the joint petition work in Massachusetts?
The spouses file a petition signed by both, a sworn affidavit that an irretrievable breakdown exists and a notarized separation agreement. After a hearing on the agreement, the court makes a finding within 30 days whether an irretrievable breakdown exists and whether the agreement has made proper provisions for custody, support, alimony and the disposition of marital property, applying section 34 but making no inquiry into marital fault (section 1A). If the finding is yes, the court approves the agreement and enters a judgment nisi.
When must the agreement be filed in Massachusetts?
If it was not filed with the petition, it must be filed within 90 days after the action starts. If the court does not approve the agreement, it becomes null and void and the action is treated as dismissed without prejudice (1A).
How does the six-month rule work in a contested case in Massachusetts?
No earlier than six months after the complaint is filed, the court holds a hearing and may enter a judgment nisi if it finds a continuing irretrievable breakdown from the filing to the hearing. The court may waive the six months only to consolidate with the other spouse’s complaint under section 1, and the other spouse can still get a hearing on a section 1 complaint before the six months end (section 1B).
What can the court order while the case is pending in Massachusetts?
At any time before judgment, the court may make temporary orders for custody, support and maintenance or other orders it deems appropriate, including referral of the parties and children to marriage or family counseling (1B). In a joint petition the same power applies before the court approves the agreement (1A).
Can an agreed case be withdrawn in Massachusetts?
Yes. Before the judgment is entered, the petition may be withdrawn by mutual agreement of the parties (1A).
What changes in a contested Massachusetts divorce?
The court decides what the spouses cannot settle: property and alimony under section 34 and custody on the child’s welfare. See the Massachusetts property division calculator and the Massachusetts parenting time calculator.
Frequently asked questions
Does an uncontested Massachusetts divorce skip the six-month wait?
Yes. A joint petition under section 1A has no waiting period after filing, though the judgment is still nisi for 90 days.
What is a Massachusetts joint petition?
A petition signed by both spouses with a sworn affidavit and a notarized separation agreement, with no summons or answer.
Can the Massachusetts six-month wait be waived?
Only to consolidate with the other spouse’s fault-based complaint.
Does a Massachusetts judge decide marital fault in a joint petition?
No. The court makes no inquiry into marital fault in a joint petition.
Can a Massachusetts court order counseling?
It may refer the parties and children to marriage or family counseling as a temporary order.
Official sources
- M.G.L. c. 208, s. 5: residence
- M.G.L. c. 208, s. 1A: irretrievable breakdown; joint petition
- M.G.L. c. 208, s. 1B: irretrievable breakdown; contested
- M.G.L. c. 208, s. 21: judgment nisi
- M.G.L. c. 208, s. 1: grounds
- M.G.L. c. 208, s. 34: alimony and assignment of property
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.