Getting Divorced
G.L. c. 208, § 1B — an irretrievable breakdown, and a hearing no earlier than six months without an agreement
In Massachusetts, a divorce on the ground of an irretrievable breakdown of the marriage can begin with a joint petition, a sworn affidavit that the breakdown exists, and a notarized separation agreement. The court holds a hearing and within thirty days finds whether the breakdown exists and whether the agreement properly provides for custody, support, alimony and property, without considering marital fault.
Thirty days after the court's initial approval of the agreement, a judgment of divorce nisi enters without further action. The agreement may be merged into the judgment or survive as an independent contract, as the parties agree.
Without an agreement: six months. One spouse may file on the same ground without the other's agreement. The hearing then comes no earlier than six months after the complaint is filed, and the court may enter a judgment of divorce nisi if it finds a continuing irretrievable breakdown throughout that time.
Sources for this section (2)
- G.L. c. 208, § 1A — Divorce on irretrievable breakdown, with an agreement
- G.L. c. 208, § 1B — Divorce on irretrievable breakdown, without an agreement
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.