1A vs. 1B Divorce in Massachusetts: What Is the Difference?
People researching divorce in Massachusetts frequently encounter the terms “1A divorce” and “1B divorce.” The names sound technical, but they refer to two different ways of pursuing a no-fault divorce based on the irretrievable breakdown of a marriage.
The central difference is whether the spouses are filing together with a complete written agreement or whether one spouse is beginning the case by filing a complaint.
What Is a 1A Divorce in Massachusetts?
A 1A divorce is a joint, uncontested divorce. Both spouses agree that the marriage has irretrievably broken down, and they file the divorce case together.
Before filing, they must also reach a written agreement covering all the issues that apply to their marriage. Depending on the circumstances, those issues may include:
- Division of property and debts
- The marital home
- Retirement accounts
- Alimony
- Health insurance
- Child custody
- Parenting time
- Child support
- Child-related expenses
- Tax-related provisions
The agreement is commonly called a Separation Agreement. It is submitted to the Probate and Family Court along with a Joint Petition for Divorce and the other required documents.
The Massachusetts court system provides a detailed overview of the requirements and steps for a no-fault 1A divorce.
A 1A divorce is considered uncontested because the spouses have already resolved the matters the judge would otherwise have to decide. However, “uncontested” does not mean that the court automatically accepts everything that is submitted. The judge must still review the agreement and determine whether it is complete and fair and reasonable.
Our Divorce Basics page provides an additional explanation of how a Massachusetts Joint Petition works.
What Is a 1B Divorce in Massachusetts?
A 1B divorce is also a no-fault divorce, but it begins when one spouse files a Complaint for Divorce.
The filing spouse does not have to prove that the other spouse caused the marriage to end. The claim is still that the marriage has suffered an irretrievable breakdown.
A 1B filing may be used when:
- One spouse is not ready to file jointly
- The spouses do not agree that the marriage should end
- One or more financial or parenting issues remain unresolved
- A spouse is not participating in negotiations
- Temporary court orders may be needed
- The spouses have not completed a Separation Agreement
The person filing the complaint is referred to as the plaintiff, and the other spouse is the defendant. The defendant must receive formal notice of the case through a process known as service.
The Massachusetts court system explains the filing, service, scheduling, and hearing process in its official guide to no-fault 1B divorce.
Does a 1B Divorce Always Go to Trial?
No. A case may begin as a 1B divorce because the spouses have not reached a complete agreement, but that does not necessarily mean a judge will ultimately decide every issue at trial.
Spouses can continue negotiating, participate in divorce mediation, or reach an agreement through their attorneys while the case is pending. If they resolve all outstanding issues, they may submit an agreement to the court and ask the judge to approve it.
This is one reason mediation can still be useful after a contested case has already been filed. Learn more about the firm’s contested divorce mediation services.
Major Differences Between a 1A and 1B Divorce
| Issue | 1A divorce | 1B divorce |
|---|---|---|
| Who files? | Both spouses file jointly | One spouse files a complaint |
| Is an agreement required before filing? | Yes, a complete written agreement is required | No |
| Must both spouses agree to start the case? | Yes | No |
| Is formal service generally required? | Not in the same manner as a complaint filed against a defendant | The complaint and summons generally must be served |
| Can disputed issues remain? | No unresolved issues should remain when filing | Yes |
| Can the case settle later? | The case is already presented as settled | Yes, the spouses may reach an agreement while it is pending |
| When is the divorce final? | Generally 120 days after the judgment | Generally 90 days after judgment is entered |
The court’s divorce-finalization information explains the different waiting periods.
Is a 1A Divorce Always Faster?
A properly prepared 1A divorce is generally more streamlined because the spouses submit the case with an agreement rather than asking the court to resolve disputes.
However, several factors can affect the timing:
- Missing forms
- Incomplete financial information
- Unresolved agreement language
- Court scheduling
- Questions about parenting provisions
- Problems with notarization or signatures
- A judge requesting changes or clarification
A 1B hearing generally cannot take place earlier than six months after the filing date unless the court allows an exception. A 1A case does not use that same six-month waiting period, although the divorce is not immediately final after the judge approves it.
Which Type of Divorce Applies?
The appropriate filing path depends on whether both spouses are prepared to file together and whether every necessary issue has been resolved in writing.
A couple may agree that they want a divorce while still disagreeing about the house, parenting schedule, support, retirement accounts, or another important subject. In that situation, they may need additional discussion or mediation before they can present the case as a complete 1A divorce.
At Berkshire Uncontested Divorce and Mediation, Attorney Barbara S. Liftman helps couples identify unresolved issues, work toward a comprehensive agreement, prepare the necessary divorce documents, and navigate the court process.
Call (413) 426-6924 to discuss uncontested divorce or mediation services.
This article provides general information about Massachusetts divorce procedures and is not legal advice. Court requirements, forms, and procedures may change. Consult an attorney about your individual circumstances.
