Forms Needed for an Uncontested Divorce
There are numerous No-Fault Uncontested Divorce Forms (1A) that need to be filed with the court. These forms include a Separation Agreement, Joint Affidavit of Irretrievable Breakdown, a Joint Petition for Divorce, Form R-408, along with the Civil Marriage Certificate (original or certified copy). If minor children are involved, additional forms are necessary.
No-Fault Uncontested Divorce Forms
This is an affidavit that both parties sign stating that the marriage is irreparable.
Marriage Certificate – Original or Certified Copy
Couples need to obtain a certified copy or the original of their marriage certificate. This can be obtained through the town hall or the city where the application for the marriage license was submitted. It is available through the Registry of Vital Records if you were married in Massachusetts.
Under section 1A, a joint petition for divorce can be signed by each spouse’s lawyer or by the couple themselves.
Separation Agreement – Notarized
This is an agreement between the spouses. To be valid, both parties must sign this agreement. It must also be notarized.
This agreement needs to detail:
- The division of the marital property
- Spousal support/alimony
- Child custody
- Child support
- Health Insurance
- Payment of taxes
- All other issues significant to the divorce
Financial Statements – Long Form or Short Form – As Determined by Your Income
If you have a yearly income that is less than $75,000, you can file a short form. Anyone with an annual income that is more than $75,000 must file a long form. More detail on filling out a financial statement here.
Additional Financial Forms that May Need to be Filed
This form is necessary if you own your own business or are self-employed.
This form is used for income related to a couple’s rental property.
Form R-408 for the Registry of Vital Records
This is a certificate of absolute divorce.
Uncontested Divorce Forms for a Couple with Minor Children
For a couple with a child who is under the age of 18, other forms that must be completed.
This is a worksheet relating to guidelines for child support.
This form is an Affidavit of Care and Custody.
Education Program for Parents – Certificate of Completion
Unless waived by the court, both the parents of children who are under the age of 18 are required to complete an education program for parents. Once the parenting program is complete, parents receive their certificates.
Additionally, you may need to file:
Form CJD 305 – Child Support Guidelines Deviation
This form is filed if you do not believe the guidelines for child support apply to your divorce case.
Form CJD 444 – Request to Waive Parent Education Program
Parents who are unable to attend the parent education program must complete this form.