MASSACHUSETTS DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a Massachusetts uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

Understanding the Massachusetts Divorce Papers:

• Joint Affidavit Under M.G.L.Ch 208, Sec. 1A: In a no-fault divorce on the grounds of irretrievable breakdown, both spouses complete an affidavit stating that their marriage "has irretrievably broken down and that there is no possibility of reconciliation."
• Joint Petition For Divorce Under M.G.L. Ch. 208, Sec. 1A: When both spouses agree on all issues -- custody, visitation, child support, alimony, and division of property and debts, and health insurance coverage - they can file a Joint Petition. In filing a Joint Petition, the parties must file a Separation/Settlement Agreement and an Affidavit of Irretrievable Breakdown of the Marriage.
• Marital Settlement Agreement: A binding agreement between the parties, the MSA details the terms and conditions of the divorce, including custody and visitation and the division of assets and liabilities. In Massachusetts, each spouse signs the MSA before a separate notary.
• Schedule for Visitation/Parenting Time of Minor Children: This schedule shows the visitation and parenting routine for the noncustodial parent.
• Child Support Guidelines and Worksheet: This form is used to calculate the amount of child support, based on a formula and including childcare costs.
• Affidavit Disclosing Care or Custody Proceedings: This affidavit is filed in any action concerning children involved in a care or custody proceeding. It must be filed by the party filing the Petition involving the care, custody, visitation, or change of name of a child. Completion of the form requires that certified copies of each pleading and of any determination entered in a foreign country or in a state other than Massachusetts must be filed with this affidavit.
• Motion for Ordering Requirement of Parenting Class: Massachusetts law requires divorce parents, even in uncontested cases, to take a five-hour parenting class. In certain circumstances, the parenting class may be waived for one or both of the parties.
• Financial Statement (Short Form for Wife): This form profiles the income and expenses and liabilities of the wife when her income from all sources is less than $75,000 per year.
• Financial Statement (Short Form for Husband): This form profiles the husband's income and expenses and liabilities when his income is less than $75,000 per year.
• Financial Statement (Long Form for Wife): This form profiles the income and expenses and liabilities of the wife when her income from all sources when it is more than $75,000 per year.
• Financial Statement (Long Form for Husband): This form profiles the income and expenses and liabilities of the husband from all sources when it is more than $75,000 per year.
• Monthly Self Employment or Business Income (Schedule A): Self-employed people or those with business income complete a monthly state of income and or business income and expenses.
• Rent From Income Producing Property (Schedule B): This form shows income and expenses from all rent-producing properties.
• Order for Support, Health Insurance, and Income Assignment: this form assigns responsibility regarding support and payment methods.
• Request for Trial - Pre-Trial Assignment: This form is used when the parties wish to request a trial or hearing and it requires that a number of forms are on file and that the parties have completed their discovery.
• Certificate of Absolute Divorce (Chap. 208, Sec. 46 G.L.): This form certifies a judgment and is conveyed to the Registry of Vital Records and Statistics, Statistics Unit.