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Massachusetts No-Fault Divorce
No Children--Uncontested Divorce

About this Form:  This is a no-fault divorce form within the Commonwealth of Massachusetts (PETITION FOR DIVORCE). The majority of courts will require that this form be filed along with a Marital Settlement Agreement. Please note that in Paragraph 5 (Grounds for Divorce), the Petitioner will need to specify grounds for divorce that are looked upon as legally valid within the Commonwealth of Massachusetts. Massachusetts law only recognizes the following grounds as adequate for granting a no-fault divorce: Irretrievable breakdown of the marriage.


PETITION FOR DIVORCE

COMMONWEALTH OF MASSACHUSETTS, THE TRIAL COURT, THE PROBATE AND FAMILY COURT DEPARTMENT, __________ DIVISION

In re: the Marriage of

__________________________
Petitioner

and

__________________________
Respondent

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_______________
Docket No.

The Petitioner, ____________, respectfully declares the following:
 
1. Petitioner's  Residence:  Petitioner  resides at __________ [insert Petitioner's address] and has been a resident of the Commonwealth of Massachusetts for _____ [insert period of residence in months and years].

2. Respondent's  Residence:  Respondent resides at __________ [insert Respondent's address] and has been a resident of the Commonwealth of Massachusetts for _____ [insert period of residence in months and years].

3. Marriage:  On _____________, _____, in  ________ (city), __________ (county), ________ (state), the Petitioner and Respondent married. An official copy of the marriage license is attached to this PETITION FOR DIVORCE.

4. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Respondent has agreed to file an Affidavit of Consent in this cause.  Neither the Petitioner or Respondent has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

5. Grounds for No-Fault:  Petitioner wishes a dissolution of marriage with Respondent based on the following grounds:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the Commonwealth of Massachusetts. Sufficient basis for a no-fault divorce within Massachusetts is limited to the following: Irretrievable breakdown of the marriage.

6. Marital Settlement Agreement:  Petitioner and Respondent __________ have (copy attached) __________ have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation.

7. Other Declarations:
_________________________________________________
_________________________________________________
_________________________________________________

NOW, THEREFORE, Petitioner requests that the court order a JUDGEMENT OF DIVORCE and such further relief as Petitioner may have requested herein.
 

Verification

I, ______________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing PETITION FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

__________________ _________________
Petitioner's Signature Date


_________________________
Petitioner's Address, Line 1

_________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of ____, 20___.
 
 
________________________
Notary

 


AFFIDAVIT OF CONSENT

COMMONWEALTH OF MASSACHUSETTS, THE TRIAL COURT, THE PROBATE AND FAMILY COURT DEPARTMENT, _____ DIVISION

In re: the Marriage of

__________________
Petitioner

and

__________________
Respondent

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__________________
Docket No.

1. A PETITION FOR DIVORCE was filed between Petitioner and Respondent on the _______ day of ________, 20___.

2. The marriage between Petitioner and Respondent is irretrievably broken and efforts at reconciliation have failed.

3. I, ___________, have received a copy of the PETITION FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the PETITION FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a JUDGEMENT OF DIVORCE dissolving and forever terminating the marriage between Petitioner and Respondent. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the PETITION FOR DIVORCE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a FINAL JUDGEMENT OF DISSOLUTION OF MARRIAGE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

 

___________________ _________________
Signature Date


____________________________
Address, Line 1

____________________________
Address, Line 2


COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ________________

Subscribed and sworn to before me on this ____ day of __________, 20___.
 
 
_______________________
Notary