Residency Requirements
The residency requirements for divorce in the State of Massachusetts state that:
- You and your spouse lived in Massachusetts and the reason for divorce took place in Massachusetts
- You and your spouse lived in Massachusetts and one lived in Massachusetts at the time the divorce happened
- You lived in Massachusetts one year after having filed the divorce papers, granted the reason for the divorce took place outside of Massachusetts
- You lived in Massachusetts when you filed for divorce, and the reason for the divorce happened in Massachusetts
Fill Out your Forms
When filing for a no-fault divorce, please note that they must be printed on bonded, acid-free paper. Forms to be completed by all people filing for No-Fault divorce in Massachusetts include:
- Complaint for Divorce Form: Only one party needs to sign this form, the other party will be notified by a summons.
- Or a Joint Petition for Divorce: To be completed in the case that both parties have come to written agreement on all issues.
- Registry of Vital Records and Statistics Certificate of Absolute Divorce or Annulment (R408 Form): Both parties should complete this form.
- Financial Statement: print this form on pink paper with the second page printed on the back of the first page. Parties making more than $75,000 a year will need to complete an additional long form on purple paper.
Forms for Couples with Children:
- Affidavit Disclosing Care or Custody Form: This tells the judge who the children have been living with, in addition to other existing custody orders that are relevant to the case.
Additional Forms if Applicable:
- Worksheet for Child Support Guidelines: If you have minor children from your marriage, you must print this form on yellow paper, and the second page needs to be printed on the back of the first page.
- Divorce Settlement Agreement: If both parties are in agreement regarding their divorce they should use Rocket Lawyer's easy interview process to complete this agreement, which will outline the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.
- Trial Request: You can use this form if you want a pre-trial conference.
Additional Forms to Bring:
You will also need to bring a certified copy of your marriage certificate, which you can get from the city or town where you were married.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your court clerk's office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. You can also ask for an Affidavit of Indigency and Supplemental Affidavit to waive the filing fees if you cannot afford to pay them.
If your spouse lives in another state or country, make sure to consult a lawyerbefore filing.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
