Massachusetts Marital Settlement (Divorce) Agreement Form [PDF]

A Massachusetts marital settlement agreement form is a legal document that helps a married couple specify the terms of their divorce without any need for legal assistance. This agreement must cover all matters crucial to the divorce process, like child support, a parenting plan, and alimony.

Spouses who want to settle all matters outside of court can do so by obtaining the marital settlement agreement template and modifying it to meet their needs.

However, if spouses cannot reach an agreement on all matters related to divorce, then they will start a contested divorce process where the judge will make decisions on these matters for them.

Divorce Forms

The petitioner can submit the divorce forms to the probate and family court in the county of residence. A filing fee must also be paid, and it varies from state to state but is typically around $220. It takes at least 90 days to finalize the divorce process.

Divorce Laws and Legal Requirements in Massachusetts

The divorce laws and legal requirements in Massachusetts provide alternatives and legal solutions for married couples seeking to end their marriage.

Divorce Laws and Legal Requirements

Alimony: Massachusetts General Laws Sections 208.34 and 208.53 allow the court to order one spouse to pay the other alimony. The court must also consider factors like marriage length, both parties' incomes, and their contributions to the marriage when calculating the amount of support.
Child support: Section 208.28 of the Massachusetts General Laws states that the court can order one parent to pay a certain amount to the other parent in order to cover the child's basic needs. The amount is determined considering the child's needs, each parent’s income, and which parent has custody of the children.
Division of property: As stated in Section 34 of the Massachusetts General Laws, the court will take into consideration factors like length of marriage, children's needs, and each spouse's contribution to the marriage when deciding how marital property will be distributed.
Grounds for divorce: The valid reasons for filing for divorce in Massachusetts are outlined in Section 208.1 of the Massachusetts General Laws. These reasons include adultery, impotency, addiction to alcohol or drugs, and irretrievable differences, among others.
Interim support: According to Section 208.17 of the Massachusetts General Laws, the court has the authority to order financial support to either party if they request one. The support is temporary, and it lasts as long as the divorce process.
Residency: Sections 208.4 and 208.5 of the Massachusetts General Laws state that to be eligible to file for divorce, the petitioner must have lived in the state for at least one year, or spouses have to have been residents of the state when the separation occurred.

How to File For a Divorce in Massachusetts in 9 Steps

In this guide, we will walk you through the nine essential steps to filing for divorce in Massachusetts, helping you understand the process and what to expect along the way.

#1. Fill out the Divorce Documents

The first thing to do is to choose the appropriate documents for a divorce complaint. Depending on the circumstances, the petitioner will file a complaint for divorce or a joint petition for divorce if the spouse wants to pursue an uncontested divorce process.

The second option is more practical because both spouses are considered the petitioners; they do not need to serve the divorce papers to each other, and they enter an uncontested divorce process, which means they will need to provide a divorce settlement agreement.

Here is a list of other documents that should be filed along with the complaint and settlement agreement:

#2. Complete Financial Statement

The next thing to do is to complete and file the financial statement, as the court will need this information when reviewing the case or deciding on matters like alimony or division of property.

Spouses with an income of $75,000 or less should fill out the financial statement short form; otherwise, if they make more than $75,000, they should fill out the long form.

Additionally, parties who are self-employed or own a business need to complete Schedule A, and parties with rental property income need to file Schedule B.

#3. File the Forms With the Court

When all the necessary forms are gathered and completed, it is time to file them with the court where spouses reside. Even filing divorce papers by mail is an option in some counties. The court clerk will need the petitioner to pay the filing fee, which is around $220.

However, if the petitioner is unable to pay the filing fee, then they need to file an affidavit of indigency and ask the court to waive the filing fee.

#4. Complete Affidavit Disclosing Care/Custody Proceeding (With Children Only)

Couples who have children are required to complete an affidavit disclosing care or custody proceedings. This document is needed to inform the court of any ongoing court cases related to child care or child custody.

Additionally, if spouses have shared physical custody over children, then they need to complete the child support worksheet. This is needed to establish the financial obligations parents have towards their children.

#5. Attend Parent Education Program (With Children Only)

The next step for couples with children is to attend the parent education program in order to improve their parenting skills. This program is advised especially for parents who share custody over children while living apart.

Once they register for the program, they have 30 days to complete it. The court may order sanctions against a parent who fails to complete the course.

However, if parents think they do not need to attend a parent education program, then they can file a motion to waive attendance at the parent education program. When they complete the program, they will receive a certificate that will serve as proof of completion for the court.

#6. File Additional Paperwork (With Children Only)

Now, spouses need to file the parent education certificate with the court clerk along with an affidavit disclosing care or custody proceedings and a child support worksheet. All that is left now is to wait for the court clerk to set a hearing date.

#7. Wait for the Notice of Assignment

Now that all necessary documents have been gathered and filed, the court clerk should set a date for the hearing and mail the notices of assignment to the spouses to inform them of the hearing. Spouses should expect their notices within 30 days after they file the paperwork.

The spouses might want to waive the attendance requirement, depending on current circumstances, such as a busy schedule or emotional reasons. This can be done by completing and filing a motion requesting a waiver of attendance.

#8. Attend Final Hearing

Now both parties must attend the final hearing and present their case to the court. The judge will listen to the statements and check if the documents spouses provided are in order, especially the divorce settlement agreement.

Finally, when the judge decides that all the terms are fair and the documents are acceptable, the final decision will be made. The spouses can obtain copies of the divorce decree after 120 days from the final hearing.

#9. Change Your Name

Spouses can change their names using a divorce decree as legal proof. This is only the case if they request it in the divorce complaint or divorce settlement agreement. If not, then they must complete and file a petition to change the name of the adult.

It is important to mention that a spouse must change the name on all identity documents, such as a passport, driver’s license, and identity card. Additionally, public records like utility bills or bank accounts should be updated with the new name.