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An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties. (Massachusetts General Laws, Chapter 208, Section 1A) If this information does not accompany the complaint, then the court must wait at least six months before holding a divorce hearing. (Massachusetts General Laws, Chapter 208, Section 1B)
Different forms for the petition for divorce are used depending on whether the divorce is contested or not, explained below:
Along with the divorce petition, the following must be filed with the court:
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local divorce attorney to discuss your specific legal situation.