Massachusetts Uncontested 1A No-Fault Divorce Joint Petition and Judgment of Divorce Nisi Filing Packet

MASSACHUSETTS UNCONTESTED 1A NO-FAULT DIVORCE — JOINT PETITION AND JUDGMENT OF DIVORCE NISI FILING PACKET

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Residency (M.G.L. c. 208, § 5)

Check the applicable basis:

☐ In-state breakdown: the cause of the breakdown of the marriage occurred in Massachusetts AND at least one party lives in Massachusetts at the time of filing. No minimum residency period.

☐ Out-of-state breakdown: the cause of the breakdown occurred outside Massachusetts; therefore at least one party must have lived in Massachusetts for at least one (1) year before filing.

☐ The Joint Petition will report on Form CJD-101A whether the breakdown of the marriage occurred in Massachusetts.

B. Grounds — Irretrievable Breakdown (M.G.L. c. 208, § 1A)

☐ An irretrievable breakdown of the marriage exists.
☐ Both parties agree on this ground and on all ancillary terms (custody, support, alimony, property).
☐ A notarized Separation Agreement has been executed (or will be filed within 90 days of filing the petition).

C. Venue (M.G.L. c. 215, § 8; Rule 6 of Mass. Dom. Rel. P.)

☐ Filing in the Probate and Family Court Department, [_____________________ Division], where ☐ one of the parties lives, ☐ the parties last lived together, or ☐ as provided by Rule 6.

D. Procedural Roadmap — 1A Joint Petition

☐ Prepare and execute: CJD-101A (Joint Petition for Divorce), Affidavit of Irretrievable Breakdown (jointly or separately), Notarized Separation Agreement, Form R-408 (Report of Absolute Divorce), and certified Marriage Certificate.
☐ File all documents with the appropriate Probate and Family Court Division. No summons, no answer required under § 1A.
☐ Both parties file Financial Statements (Rule 401):

• Short Form (Schedule A) if income under $75,000/yr
• Long Form (Schedule B) if income $75,000/yr or more
  ☐ If minor children: complete Parent Education Program; file Child Support Guidelines Worksheet; submit Child Care or Custody Disclosure Affidavit (OCAJ-1) and Affidavit Disclosing Care or Custody Proceeding.
  ☐ Attend 1A Hearing — uncontested, brief; judge reviews the agreement and conducts a colloquy. Both parties (or counsel) attend.
  ☐ Judge makes finding of irretrievable breakdown and that the agreement is fair and reasonable.
  ☐ 30 days after initial approval, Judgment of Divorce Nisi enters automatically without further action (§ 1A).
  ☐ 90 days after the Judgment of Divorce Nisi enters, the divorce becomes absolute by operation of law (M.G.L. c. 208, § 21).

E. Filing Fees (verify current schedule)

☐ Affidavit of Indigency filed (if cannot afford fees).

F. Pre-Filing Document Inventory

☐ Certified copy of Marriage Certificate (Registry of Vital Records, if married in Massachusetts; or jurisdiction of marriage).
☐ Identifying information: full legal name, DOB, SSN, address for each party (R-408 fields).
☐ Children's information.
☐ Asset / debt inventory.
☐ Most recent 3 years' tax returns.
☐ Health insurance information.

PART 2 — JOINT PETITION FOR DIVORCE (CJD-101A) — STRUCTURED CONTENT

JOINT PETITION FOR DIVORCE PURSUANT TO M.G.L. c. 208, § 1A

2.1 Petitioner A

• Full legal name: [_________________________]
• Residence address: [____________________________________________]
• City/Town: [____________] County: [____________] State: MA
• Date of birth: [__/__/____]
• Maiden / former name (if any): [_________________________]

2.2 Petitioner B

• Full legal name: [_________________________]
• Residence address: [____________________________________________]
• City/Town: [____________] County: [____________] State: [_______]
• Date of birth: [__/__/____]
• Maiden / former name (if any): [_________________________]

2.3 Marriage

• Date of marriage: [__/__/____]
• City/Town and State (or country) of marriage: [____________________________________________]
• Last lived together at (address): [____________________________________________]
• Date last lived together: [__/__/____]

2.4 Residency (M.G.L. c. 208, § 5)

☐ The cause of the marital breakdown occurred in Massachusetts AND at least one Petitioner is a Massachusetts resident on the date of filing.
☐ The cause of the marital breakdown occurred outside Massachusetts AND at least one Petitioner has been a Massachusetts resident for one (1) year immediately preceding the filing.

2.5 Children of the Marriage

☐ There are no children of the marriage.
☐ The following are the children of the marriage:

2.6 Statement of Grounds

An irretrievable breakdown of the marriage exists between the Petitioners.

2.7 Prior Actions

☐ No prior or pending action for divorce, separate support, or annulment between the Petitioners.
☐ Prior / pending action: [____________________________________________].

2.8 Relief Requested

The Petitioners jointly request that the Court:

A. Find that an irretrievable breakdown of the marriage exists;
B. Approve the parties' Separation Agreement dated [__/__/____];
C. Enter a Judgment of Divorce Nisi pursuant to M.G.L. c. 208, § 1A;
D. Incorporate the Separation Agreement into the Judgment (and ☐ merge / ☐ survive as an independent contract);
E. Restore Petitioner ☐ A ☐ B's former name to [_________________________] (if requested);
F. Order such further relief as may be just.

2.9 Signatures

We the joint petitioners hereby make oath and sign this Joint Petition under the pains and penalties of perjury this [____] day of [__________], 20[____].

_____________________________________ _____________________________________
[PETITIONER A] [PETITIONER B]

PART 3 — AFFIDAVIT OF IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE

AFFIDAVIT OF IRRETRIEVABLE BREAKDOWN

We, [PETITIONER A] and [PETITIONER B], being duly sworn, depose and state:

1. We were lawfully married on [__/__/____].
2. An irretrievable breakdown of the marriage has occurred and exists between us.
3. There is no reasonable prospect of reconciliation.
4. We jointly request that this Honorable Court grant the relief requested in our Joint Petition for Divorce filed pursuant to M.G.L. c. 208, § 1A.

Signed under the pains and penalties of perjury this [____] day of [__________], 20[____].

_____________________________________ _____________________________________
[PETITIONER A] [PETITIONER B]

(Joint or separate execution permitted under § 1A.)

PART 4 — NOTARIZED SEPARATION AGREEMENT — KEY TERMS

This Separation Agreement (the "Agreement") is made between [PETITIONER A] ("Husband / Wife / Party A") and [PETITIONER B] ("Wife / Husband / Party B"), effective [__/__/____].

4.1 Recitals

• Date of marriage: [__/__/____]
• Date the parties last lived together: [__/__/____]
• Children of the marriage: [____________________________________________]
• Each party has made complete and accurate financial disclosure.
• Each party has had the opportunity to consult with independent legal counsel.
• The parties have read this Agreement and understand its terms.

4.2 Custody / Parenting Plan (M.G.L. c. 208, § 28)

☐ Not applicable — no minor children.
☐ Legal custody: ☐ Joint ☐ Sole to [______________].
☐ Physical custody: ☐ Joint ☐ Sole to [______________].
☐ Parenting schedule (school year, summer, holidays, vacations, transportation, communications) attached as Exhibit A.

4.3 Child Support (Mass. Child Support Guidelines)

☐ Not applicable.
☐ Calculated under the current Massachusetts Child Support Guidelines — Worksheet attached.
☐ [Payor] pays [Payee] $[__________] per [week / month] via income withholding through the Department of Revenue Child Support Enforcement (DOR/CSE).
☐ Health insurance: provided by [__________] through [__________]; uninsured medical costs allocated [____]% / [____]%.
☐ Tax dependency exemptions allocated as: [____________________________________________].
☐ College / post-secondary education contributions: [____________________________________________].

4.4 Alimony (M.G.L. c. 208, §§ 34, 48–55 — Alimony Reform Act)

Type (check one):
☐ Waived permanently and forever by both parties (durational and amount).
☐ General term alimony of $[__________]/[week/month] for [____] months/years.
☐ Rehabilitative alimony — [____] months/years.
☐ Reimbursement alimony — total $[__________].
☐ Transitional alimony — [____] months.

Termination triggers: remarriage of recipient; death of either party; cohabitation of recipient (§ 49(d)) where applicable.

4.5 Property Division (M.G.L. c. 208, § 34)

4.6 Debts

4.7 Health and Life Insurance

• Health insurance: [____________________________________________].
• Life insurance: [____________________________________________].

4.8 Name Restoration

☐ Party A restored to former name: [_________________________].
☐ Party B restored to former name: [_________________________].

4.9 Tax Matters

• Filing status for tax year [______]: [____________________________________________].
• Allocation of refunds or liabilities: [____________________________________________].

4.10 Survival / Merger (CRITICAL — Check One)

☐ This Agreement shall be incorporated and merged into the Judgment of Divorce Nisi and shall not survive as an independent contract. (Provisions become modifiable as court orders under the applicable standards.)
☐ This Agreement shall be incorporated but not merged into the Judgment and shall survive as an independent contract enforceable in equity and at law. (More limited modifiability — Knox / Stansel standard.)

4.11 General Provisions

• Full disclosure; voluntary execution; not the product of fraud, duress, or undue influence.
• Fair and reasonable at the time of execution and entry of Judgment.
• Each party waives all rights of inheritance under the other's estate, except as expressly preserved.
• Governing law: Commonwealth of Massachusetts.

Signatures (each notarized):

_____________________________________ Date: [__/__/____]
[PETITIONER A]

_____________________________________ Date: [__/__/____]
[PETITIONER B]

(Notary acknowledgment for each signatory.)

PART 5 — REPORT OF ABSOLUTE DIVORCE / ANNULMENT (FORM R-408)

PART 6 — FINANCIAL STATEMENT — STANDING ORDER 1-08 / RULE 401 REFERENCE

☐ Petitioner A: ☐ Short Form (income < $75,000) ☐ Long Form (income ≥ $75,000)
☐ Petitioner B: ☐ Short Form (income < $75,000) ☐ Long Form (income ≥ $75,000)

☐ Most recent 3 years of state and federal income tax returns exchanged.
☐ Updated Financial Statement filed at hearing if facts have changed.

PART 7 — CHILDREN'S REQUIRED FILINGS (if applicable)

☐ Child Care or Custody Disclosure Affidavit (OCAJ-1) filed by each party.
☐ Supplemental Affidavit Under MGL c.208, § 31A regarding criminal/abuse history.
☐ Massachusetts Child Support Guidelines Worksheet (Form CJD-304) attached.
☐ Child Support Guidelines Deviation Findings (Form CJD-305) if deviating from Guidelines.
☐ Certificate(s) of Completion of court-approved Parent Education Program (PEP) — required for all parents of children under 18 unless waived.
☐ Request to Waive Parent Education Program (Form CJD-444) if applicable.

PART 8 — 1A HEARING; JUDGMENT OF DIVORCE NISI; JUDGMENT ABSOLUTE

8.1 1A Hearing

☐ Hearing date assigned by the Court: [__/__/____] at [__________] [AM/PM].
☐ Both parties (or counsel) attend.
☐ Judge conducts colloquy: knowledge of contents of agreement; voluntariness; understanding of merger/survival; fairness and reasonableness.

8.2 Court's Findings (must be made within 30 days of hearing per § 1A)

The Court FINDS:

1. An irretrievable breakdown of the marriage exists.
2. The Separation Agreement makes proper provisions for custody, support and maintenance, alimony, and the disposition of marital property where applicable.
3. The Separation Agreement is fair and reasonable.

8.3 Approval and Entry of Judgment of Divorce Nisi

Upon affirmative findings, the Court approves the Separation Agreement. Thirty (30) days after the Court's initial approval of the Agreement, a Judgment of Divorce Nisi enters automatically without further action by the parties (M.G.L. c. 208, § 1A).

8.4 Judgment of Divorce Nisi Becomes Absolute (M.G.L. c. 208, § 21)

The Judgment of Divorce Nisi becomes ABSOLUTE by operation of law ninety (90) days after entry of the Judgment of Divorce Nisi, unless the Court otherwise orders or a party files an objection during that 90-day period.

8.5 Cautions

• A party may NOT remarry until the Judgment of Divorce Nisi becomes absolute.
• During the nisi period, the parties remain technically married for limited purposes (e.g., insurance, estate).

PART 9 — JUDGMENT OF DIVORCE NISI (PROPOSED)

JUDGMENT OF DIVORCE NISI

After hearing on the Joint Petition for Divorce filed by [PETITIONER A] and [PETITIONER B] pursuant to M.G.L. c. 208, § 1A, on [__/__/____], and the Court having reviewed the Joint Petition, the Affidavit of Irretrievable Breakdown, the Separation Agreement dated [__/__/____], the parties' Financial Statements, and any other documents on file, the Court FINDS that an irretrievable breakdown of the marriage exists and that the Separation Agreement makes proper provisions for custody, support and maintenance, alimony, and the disposition of marital property, where applicable, and is fair and reasonable.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

1. A Judgment of Divorce Nisi is entered between [PETITIONER A] and [PETITIONER B].

2. The Separation Agreement dated [__/__/____] is approved by the Court and is hereby:
   ☐ MERGED into this Judgment.
   ☐ INCORPORATED but NOT MERGED into this Judgment and shall survive as an independent contract.

3. The provisions of the Separation Agreement relating to custody, parenting time, child support, alimony, division of property and debts, health and life insurance, and tax matters are adopted as orders of this Court.

4. Petitioner ☐ A ☐ B's former name is restored to [_________________________].

5. This Judgment shall become ABSOLUTE on the NINETY-FIRST (91st) day after the date of entry of this Judgment of Divorce Nisi, unless the Court otherwise orders. M.G.L. c. 208, § 21.

Entered: [__/__/____]

_____________________________________
Justice of the Probate and Family Court

A true copy: ATTEST: _____________________________________ Register of Probate

PART 10 — POST-JUDGMENT CHECKLIST

☐ Certified copies of Judgment of Divorce Nisi obtained (Petitioner A, B, employer for income withholding, schools).
☐ Calendar the date the Judgment becomes absolute (90 days after entry).
☐ QDRO drafted and qualified by plan administrator for any retirement asset division.
☐ Deeds for real property transfers (release deed / quitclaim) executed and recorded at the Registry of Deeds.
☐ Vehicle title transfers at Massachusetts RMV.
☐ Health insurance: COBRA election within 60 days where applicable; Massachusetts continuation laws considered.
☐ Beneficiary designations updated (life insurance, retirement, payable-on-death).
☐ Name change updates: SSA, RMV, U.S. passport, banks, employers, voter registration.
☐ Estate plan updated: will, durable POA, healthcare proxy, HIPAA release, beneficiary designations.
☐ Confirm DOR/CSE income withholding active (if child support / alimony).

PART 11 — SOURCES AND REFERENCES

• Massachusetts General Laws, Chapter 208: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208
• Mass.gov — Get a no-fault 1A divorce: https://www.mass.gov/guides/get-a-no-fault-1a-divorce
• Probate and Family Court Forms (Divorce): https://www.mass.gov/lists/probate-and-family-court-forms-for-divorce
• Massachusetts Child Support Guidelines (current edition): https://www.mass.gov/lists/child-support-guidelines
• Massachusetts Rules of Domestic Relations Procedure: https://www.mass.gov/massachusetts-rules-of-domestic-relations-procedure
• Form CJD-101A (Joint Petition); Form R-408 (Report of Absolute Divorce); Form CJD-304 (Child Support Worksheet); Form CJD-305 (Deviation Findings); Form CJD-444 (PEP Waiver); Form OCAJ-1 (Affidavit of Care and Custody)
• Dominick v. Dominick, 18 Mass. App. Ct. 85 (1984) — fair and reasonable standard
• Knox v. Remick, 371 Mass. 433 (1976) — merger / survival distinction