What documents do I need to file for an uncontested divorce?
Here you can find some questions and answers to what documents to file for an unconte and where to submit the documents for your divorce.
If you are filing an uncontested, no-fault 1A divorce, that means that you and your spouse have agreed to the terms of your divorce and have created a divorce or separation agreement.
Where can I find the forms I need to file for my divorce?
Here is the link to the Court site listing the forms that you will need to complete for an uncontested divorce.
https://www.mass.gov/how-to/file-for-a-no-fault-1a-divorce
The court states you can file for divorce in Massachusetts if:
- You’ve lived in Massachusetts for one year, or;
- The reason the marriage ended happened in Massachusetts and you’ve lived in Massachusetts as a couple
So, to get started what documents do I need to complete to get divorced?
There are multiple documents that you must submit to the court. It is essential that all the documents are submitted at once and that all the documents are correctly completed. If you leave a blank line on a financial statement or other documents, you may very likely have all the materials returned to you only to refile again and delay your hearing for a divorce.
Form – A 1A Joint Petition for Divorce
Joint Petition for a 1A divorce or uncontested no fault is the form you would file if you and your spouse are jointly filing for divorce and have an agreement.
This form has information about you and your spouse. The petition will list your names, addresses, phone numbers, date of marriage, date of separation and any children from the marriage who are not emancipated. If your divorce is contested, you will need to file form 1B for a contested divorce.
Form – Affidavit for an Irretrievable Breakdown in the Marriage
This form is telling the court that your marriage has broken down and that break down continues to exist today.
Form – Rule 408 for Divorce Absolute
This is a statistical form that is sent to the Massachusetts State Archives that will list your divorce and date absolute. The form lists personal information about both parties and the names and dates of birth of your children.
Form – Affidavit of Care and Custody – if you have children.
This form lists who is the primary parent or shared parenting, where the children have lived for the last two years and addresses of both parents. If you have shared parenting, then both parents should sign.
Form – Child support worksheet – if you have children.
This worksheet is a state formula that takes into account your gross weekly income, payments for childcare, health, vision, and dental insurance and other child support orders. This worksheet will calculate the amount of child support one party may pay to another.
Form – Child support Deviation sheet – if you have children and seek a deviation.
Perhaps one parent lives out of state and needs to travel to have parenting time.
Considering the cost of travel and hotel accommodations the parent may look for a deviation in the child support guidelines. This sheet would need to be attached to the documents submitted.
Parenting Certificate – if you have children.
If you have children under 18 years of age, you will need to attend a parenting class and submit a parenting certificate at the time of filing. Both parents need to participate in the parenting class. Parents cannot attend the same class. The Parenting Certificate is not part of the Separation or Divorce Agreement, but a reminder to include this document. See the link above for a schedule of parenting classes.
Form – Financial Statements from both parties. Parties will need to complete a financial statement based on their gross weekly salary and expenses. If your expenses are monthly, you will need to take your monthly expenses and divide by 4.3 to arrive at a weekly expense. Your financial statement will list all your assets and debt. If you make under $75,000.00, you must complete the short form financial statement. If you make $75,000.00 or over, you must complete the long form financial statement. See the link above to print out a financial statement.
Divorce or Separation document will contain important information about when you were married, when you separated, the dates of birth of your children and exhibits concerning alimony, your children, health insurance, life insurance, your division of assets, debt and taxes plus any other exhibits that your divorce may need.
There may be other documents if you are asking the court to hear your matter by telephone or to take a parenting program online if one parent lives out of state. These are a few examples, and there may be other reasons for your particular situation. You should check with your attorney or court if you have questions about other forms you may need.
In addition to the completed forms, you will need to have a certified copy of your marriage certificate from a city, town or the state archives and provide payment for a filing fee of $215. For an uncontested divorce, and $220. For a contested divorce. Check with your court to see if payment should be a bank check or a money order.
After you have completed, signed and had the documents notarized where needed, you should make a complete copy of all the documents before filing and bring the copy with you on the day of your hearing.
Where do I file the documents for my divorce?
The documents are to be filed in the county where you both last lived if one party still lives at that address or in the county where one party lives.
What happens after I file the documents?
After the documents are filed, the court you will send you both a notice with a date, time and location for the hearing for your divorce. The hearing is usually brief. You should bring a copy of all your filed documents with you. You can refer to these documents if the judge asks you a question.
