Even if the couple agrees to a no-fault divorce, there are certain agreements that must be established before the divorce can be finalized.
First, if you have any children under the age of 18, you must agree on child custody, visitation rights, and child support.
In addition, regardless of whether you have children, agreements must be reached over the division of assets and alimony.
These matters can be discussed and negotiated between the parties, but we recommend that you consult a lawyer or mediator for their expertise to avoid the risk of divorcing on unfavorable terms.
If you have agreed on all of these matters before filing the divorce, put your agreement in writing (separation agreement), have it signed and notarized by both parties and file it as a Joint Petition for Divorce (CJD-101A), along with other necessary documents (marriage certificate, affidavit of irretrievable breakdown, etc.) to the appropriate court to start your divorce case (1A Divorce).
If one or both spouses want a divorce because their marriage has broken down, but cannot agree on all the terms and conditions, the person filing for divorce may file a Complaint for Divorce under Massachusetts Law Section 101B. File the divorce under §101B (CJD-101B) and other documents (marriage certificate, etc.) to the appropriate court to start the divorce case.