Massachusetts Divorce: When Is a Case Contested or Uncontested?
Both spouses may want a divorce and still disagree about who will keep the home, how support will be paid, or where the children will live. In Massachusetts, that distinction helps determine whether a no-fault case proceeds under Section 1A or Section 1B. These two procedures address divorce based on irretrievable breakdown of the marriage.
1A requires a written agreement on the divorce terms
Under G.L. c. 208, § 1A, the joint process requires a petition signed by both spouses or their attorneys, a sworn statement of irretrievable breakdown, and “a notarized separation agreement executed by the parties.” Agreement that the marriage is over is therefore only part of the filing. The spouses must also address the issues that apply to their family, including custody, support, alimony, and marital property.
For example, spouses who agree to separate but cannot agree on the home’s disposition have not resolved their property terms. Calling their divorce amicable does not fill that gap. Conversely, spouses may have difficult personal relations yet reach a complete agreement suitable for the joint process.
Section 1A permits the notarized agreement to follow the initial petition, but requires filing “within ninety days following the commencement” of the action. The deadline therefore runs from the start of the case. The court’s review under § 1A remains necessary: the judge must find an irretrievable breakdown and proper provisions on the applicable issues. Signatures do not guarantee approval. If the court does not approve the agreement as executed or as modified by the parties’ agreement, § 1A provides that the agreement becomes null and void and has no further effect between the spouses, and the action is treated as dismissed without prejudice.
1B starts the case without a complete joint agreement
Under G.L. c. 208, § 1B, a spouse may file a complaint “unaccompanied by the signed statement and dissolution agreement” required for 1A. This route can apply when only one spouse wants the divorce, or when both want it but have unresolved terms.
A contested no-fault case does not require an accusation of marital misconduct. It also does not mean a trial is inevitable. Disputed issues may be resolved by agreement as the case proceeds; issues left unresolved may require a trial. Section 1B also permits temporary orders before judgment, so a pending case does not necessarily leave support or custody questions unaddressed until the final hearing.
The waiting provision in § 1B begins “No earlier than six months” and measures that period from filing the complaint to the divorce hearing. Its express waiver provision concerns consolidation with an opposing spouse’s fault-based divorce complaint under Section 1. A separate statutory route becomes available if the spouses later file the materials required for 1A. The six-month provision is not a guaranteed completion date. It does not prohibit temporary-order proceedings before judgment; proceeding under 1A after a qualifying agreement is a separate statutory process.
Later agreement can change the process, but finality still matters
Before judgment, § 1B allows a case to proceed under 1A when the required statement and dissolution agreement are filed: the action “shall proceed under said section one A.” An informal understanding alone does not accomplish that change. The required documents and court review still matter.
Agreement and approval also do not end the marriage immediately. Under § 1A’s judgment provision, judgment nisi enters “Thirty days from the time” the court initially approves the qualifying agreement. This is a 30-day period measured from that initial approval. Under G.L. c. 208, § 21, a divorce judgment “shall become absolute after the expiration of ninety days from the entry thereof,” unless the court, for sufficient cause on a party’s application within that period, orders otherwise. The ordinary 1A sequence therefore includes 30 days before judgment nisi and another 90 days before finality. For a 1B case remaining under that procedure, the ordinary 90-day period runs from entry of judgment nisi, after the case reaches judgment.
The practical question is what remains unresolved, what documents have been filed, and what the court has actually approved or entered. Jurisdiction, the treatment of an agreement, and unusual procedural circumstances may require additional analysis. A qualified attorney should assess those questions using the particular case record.
Legal Disclaimer. Originally published: 10/22/2026. This article provides general information only and is not legal advice for any particular matter. Laws, policies, procedures, fees and agency practices may change; their application depends on the facts and jurisdiction. Consult a qualified attorney about your circumstances before acting on this information. Reading this article or contacting Blumsack & Canzano does not, by itself, create an attorney-client relationship. Past results do not guarantee future outcomes. This material may be considered attorney advertising in some jurisdictions.
