Divorce is more than a legal process — it’s a transformational life event that impacts your finances, parenting plans, home, and long-term security. The difference between confusion and clarity often comes down to preparation.
At Percy Law Group, PC, we’ve guided hundreds of Massachusetts families through every type of divorce — from simple uncontested separations to highly contested, complex cases. This Massachusetts divorce checklist will help you understand what matters most, reduce stress, and ensure your rights and interests are protected every step of the way.
Whether you are just beginning to think about divorce or already in the process, use this divorce filing checklist for Massachusetts as your roadmap.
What This Massachusetts Divorce Checklist Will Help You Do
This comprehensive guide helps you:
- Confirm your eligibility to file in Massachusetts
- Gather the right legal and financial documents
- Understand key filings and court requirements
- Prepare for custody, support, and property issues
- Navigate temporary orders and the nisi period
- Work with experienced Massachusetts divorce lawyers
At Percy Law Group, PC, we focus on results — protecting your financial future and your parental role while steering your case toward the best possible outcome.
Step 1 — Confirm You Can File for Divorce in Massachusetts
Before you prepare a single document, confirm whether Massachusetts is the proper place to file your divorce.
To file for divorce in Massachusetts, at least one spouse must meet residency requirements:
- You have lived in Massachusetts for at least one year, or
- The reason for the divorce happened when you lived in Massachusetts as a couple.
This eligibility ensures the Probate and Family Court has jurisdiction over your case. Filing in the wrong state can delay your case or even result in dismissal — costly in time, money, and emotional energy. If you’re unsure about residency or timing, the attorneys at Percy Law Group, PC can help evaluate your situation.
Step 2 — Choose the Right Type of Divorce
Massachusetts is a no-fault divorce state, meaning most people base their divorce on the irretrievable breakdown of the marriage rather than assigning blame. But there are important differences in procedure:
1. Uncontested Divorce (1A)
Used when both spouses agree on all key issues like custody, support, and property division. This path is generally faster and less costly.
2. Contested Divorce (1B)
Used when disagreements exist — whether about child custody, support, property division, or other matters. This type typically requires more negotiation, documentation, and potentially hearings.
Pro Tip: Even contested cases sometimes settle with proper preparation and negotiation. Percy Law Group, PC helps clients anticipate disputes early and build strategic solutions.
Step 3 — Collect the Essential Documents
A divorce case is only as strong as the evidence and records behind it. Building a comprehensive file early in the process saves time and strengthens your position in negotiations or in court.
Core Personal and Civil Documents
- Certified marriage certificate
- Government-issued photo ID
- Any previous legal name-change records
Income & Employment Records
- Pay stubs (last 6–12 months)
- Most recent W-2s or 1099s
- Federal and Massachusetts tax returns (last 2–3 years)
- Profit/loss statements if self-employed
Financial & Banking Documents
- Bank account statements (checking, savings, online accounts)
- Retirement plan statements (401(k), IRA, pensions)
- Investment account details
- Payoff statements for debts
Real Estate & Property Records
- Deeds
- Mortgage statements
- Appraisals
- Refinancing or HELOC paperwork
- Lease agreements
Debts & Liabilities
- Credit card balances
- Student loans
- Auto loans
- Personal loans
Insurance & Support Records
- Health, life, and auto insurance policies
- Childcare, medical, and school expenses (if applicable)
Child-Specific Materials
- Birth certificates
- School records
- Medical and therapy records
- Current parenting schedule
Preparing this documentation before filing keeps the divorce process moving efficiently and avoids last-minute scrambling.
Step 4 — Complete the Required Court Forms
Key Court Forms in Massachusetts
- Joint Petition for Divorce (1A) — for uncontested cases
- Complaint for Divorce (1B) — for contested cases
- Financial Statement (long or short form) — required in most divorces
- Affidavit Disclosing Care or Custody — when children are involved
- Child Support Guidelines Worksheet — for child-support calculations
Completing these forms accurately is critical. Mistakes on financial statements or custody disclosures can delay your case or weaken your negotiating position.
At Percy Law Group, PC, we prepare and review every document to ensure it aligns with Massachusetts Probate & Family Court rules and protects your interests.
Step 5 — Plan for Custody, Parenting Time & Child Support
If children are part of your divorce, the stakes are high — legally and emotionally. Massachusetts courts focus on the best interests of the child, which means your parenting plan should address:
- Legal custody (decision-making responsibility)
- Physical custody and visitation schedules
- Holidays, vacations, school breaks
- Communication and conflict-resolution expectations
Parents may also be required to attend parent education programs before final custody orders can be entered. Early planning increases the likelihood of court approval and reduces later conflict.
Percy Law Group, PC crafts realistic, workable parenting plans grounded in everyday logistics — not just legal theory.
Step 6 — Prepare for Temporary Orders
Temporary orders provide structure while your divorce case is open. They may address:
- Temporary child support
- Temporary spousal support
- Parenting time and custody
- Who lives in the marital home
- Who pays which bills
These orders matter because divorce proceedings can take time. A clear temporary plan prevents financial uncertainty, conflict, and hardship for you and your children.
Step 7 — File Your Divorce in the Probate & Family Court
Once your documents are ready, they must be filed with the Massachusetts Probate and Family Court in the county where you or your spouse lives. After filing:
- A case number is assigned
- The other spouse must be served with the papers (unless it’s a 1A joint petition)
- Deadlines for responses and disclosures are set
Proper filing and service are essential — errors here can delay your case or derail your rights. Our attorneys at Percy Law Group, PC handle this process routinely and ensure compliance with all procedural requirements.
Step 8 — Understand the Nisi Period and Finalization
Massachusetts requires a waiting or nisi period before your divorce becomes final:
- 1A uncontested divorces: 120-day nisi period after judgment
- 1B or contested divorces: 90-day nisi period after entry of judgment
During this time, your marriage is legally in limbo. You cannot remarry, and certain orders may still be adjusted. Understanding this timeline helps you plan post-divorce moves — like housing, insurance changes, and benefit elections.
Step 9 — Avoid Costly Divorce Mistakes
Common pitfalls that delay or complicate Massachusetts divorces include:
- Incomplete financial disclosures
- Missing key documentation
- Undervaluing assets or overlooking debts
- Failing to plan for future tax impacts
- Ignoring temporary orders
- Negotiating without legal guidance
Clients who prepare early and work with experienced counsel often secure better outcomes with less stress.
Step 10 — How Percy Law Group, PC Protects Your Rights
Choosing the right legal team can reshape your divorce experience. At Percy Law Group, PC, we bring:
- Decades of Massachusetts family law experience
- Personalized planning tailored to your goals
- Tactical negotiation and, when needed, courtroom advocacy
- Clear explanations at every step
- Support through complex financial, custody, and support issues
Whether you’re just starting or need help responding to a complaint, our attorneys are committed to protecting your interests and guiding you forward with confidence.
Printable Quick Reference: Massachusetts Divorce Checklist
Use this short summary as your procedural checklist:
✔ Confirm Massachusetts residency eligibility
✔ Choose your divorce type: 1A or 1B
✔ Gather income, assets, debts, and insurance documents
✔ Complete all required court forms
✔ Plan for custody, parenting, and support
✔ Attend required parent education (if applicable)
✔ File with Probate & Family Court
✔ Prepare for temporary orders and nisi waiting periods
Need Help With Your Massachusetts Divorce?
Divorce is personal, and every case is unique. A checklist is only the start — strategy and experienced guidance matter most.
Contact Percy Law Group, PC to discuss your situation with a team that fights for your rights and your future throughout eastern Massachusetts. Call today at (508) 206-9900 or request a consultation online.
This article is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice specific to your situation.