Massachusetts Divorce Forms
Guide to Massachusetts Divorce Forms
The state of Massachusetts makes several Massachusetts divorce forms available to the general public online. If you are filing for divorce in Massachusetts, the kind of divorce forms you will need depend on your circumstances. This guide will explain the three most common divorce forms in Massachusetts: the first form is for when one spouse wants a divorce and is alleging fault, the second is for one spouse wishing for a no-fault divorce, and the third is used only by couples who agree on the terms of their divorce and wish to jointly file for a no-fault divorce. After reading this guide, you will better understand these Massachusetts divorce forms and which one you will need to file.
Complaint For Divorce (With Fault)
The Complaint for Divorce form (Form #CJD101) is available on the section of the Massachusetts state government website for family court forms. Massachusetts divorce forms are all available on this website. This single-page form is all that is required to file for divorce on fault grounds in the state of Massachusetts.
These Massachusetts divorce forms request some personal information: your and your spouse's names, your address, the date and location of your wedding, the names and ages of your children, and your last marital address.
You will also be required to fill out the section on grounds for the divorce. You will need to put specifics about your claim in line item #5, and the Massachusetts divorce forms for fault divorce require you to specify which of the allowable fault grounds you are suing for divorce because of in line item #6. If you have questions about fault divorces, you should consult with a Massachusetts divorce lawyer.
The last section of these Massachusetts divorce forms allow you to request what you need in the divorce—child custody, child or spousal support, health insurance, or even restoring your maiden name. Instructions for other Massachusetts divorce forms to fill out in conjunction with this form are available on the website.
Complaint or Joint Petition for Divorce (No Fault)
If you wish to seek a divorce through Massachusetts's no-fault divorce statute (G.L. c.208, Sections 1A and 1B), you must use the Massachusetts divorce forms CJD101A for a joint petition and CJD101B for a complaint from just one spouse.
These forms will require very similar information to the aforementioned Massachusetts divorce forms, except that you will not be required to list any fault caused by your spouse. A joint petition will require you to fill out additional Massachusetts divorce forms, including a notarized separation agreement.
In order to file a joint petition, you will need to have a separation agreement wherein you can agree on all aspects of the divorce, including parental responsibilities, division of property, and so on. Otherwise, you will need to fill out CJD101A and allow your spouse to answer the complaint, which begins the process of a contested divorce. These Massachusetts divorce forms must be filled out carefully—you may wish to consult with a lawyer before submitting them to court officials.
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