Mass. Gen. Laws » Part II Title III Chapter 208
Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 1A (2026)

Causes for divorce; irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 1A. 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 except as hereinafter set forth and no summons or answer shall be required. After a hearing on a separation agreement which has been presented to the court, the court shall, within thirty days of said hearing, make a finding as to whether or not an irretrievable breakdown of the marriage exists and whether or not the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable. In making its finding, the court shall apply the provisions of section thirty-four, except that the court shall make no inquiry into, nor consider any evidence of the individual marital fault of the parties. In the event the notarized separation agreement has not been filed at the time of the commencement of the action, it shall in any event be filed with the court within ninety days following the commencement of said action.

If the finding is in the affirmative, the court shall approve the agreement and enter a judgment of divorce nisi. The agreement either shall be incorporated and merged into said judgment or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract. In the event that the court does not approve the agreement as executed, or modified by agreement of the parties, said agreement shall become null and void and of no further effect between the parties; and the action shall be treated as dismissed, but without prejudice. Following approval of an agreement by the court but prior to the entry of judgment nisi, said agreement may be modified in accordance with the foregoing provisions at any time by agreement of the parties and with the approval of the court, or by the court upon the petition of one of the parties after a showing of a substantial change of circumstances; and the agreement, as modified, shall continue as the order of the court.

Thirty days from the time that the court has given its initial approval to a dissolution agreement of the parties which makes proper provisions for custody, support and maintenance, alimony, and for the disposition of marital property, where applicable, notwithstanding subsequent modification of said agreement, a judgment of divorce nisi shall be entered without further action by the parties.

Nothing in the foregoing shall prevent the court, at any time prior to the approval of the agreement by the court, from making temporary orders for custody, support and maintenance, or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.

Prior to the entry of judgment under this section, the petition may be withdrawn by mutual agreement of the parties.

An action commenced under this section shall be placed by the register of probate for the county in which the action is so commenced on a hearing list separate from that for all other actions for divorce brought under this chapter, and shall be given a speedy hearing on the dissolution agreement insofar as that is consistent with the wishes of the parties.

Notes of Decisions
Cited in 37 cases (2 in the last 5 years), 1976–2024 · leading case: Stansel v. Stansel, 432 N.E.2d 691 (Mass. 1982).
Sort: Relevance Newest Treatment
Stansel v. Stansel, 432 N.E.2d 691 (Mass. 1982). · cites it 10× “The parties in this case were granted a divorce under the provisions of G. L. c. 208, § 1A, a statute which enables a couple to obtain a divorce, without alleging or proving fault, on the ground of an irretrievable breakdown of their marriage.”
Caffyn v. Caffyn, 806 N.E.2d 415 (Mass. 2004). · cites it 5× “This case presents us with the question of the meaning of “an irretrievable breakdown of the marriage” 6 (the so-called “no-fault” divorce provisions under G. L. c. 208, §§ 1A and 1B 7 ) as a “cause” for divorce in the context of interpreting G.”
Pavluvcik v. Sullivan, 495 N.E.2d 869 (Mass. App. Ct. 1986). · cites it 4× “215, § 13), concerns the effect on a separation agreement of the death of one of the two parties seeking a divorce under the provisions of G. L. c. 208, § 1A, where the death occurred after the agree *582 ment was executed by the parties and approved by a judge and before entry…”
Hoegen v. Hoegen, 43 N.E.3d 718 (Mass. App. Ct. 2016). “2 An attorney prepared the agreement, but the parties filed pro se their joint petition for divorce pursuant to G. L. c. 208, § 1A. 3 Every other week. 4 In April, 2010, by agreement, the father’s child support obligation increased to $575 per week, with another increase to $582…”
Gottsegen v. Gottsegen, 492 N.E.2d 1133 (Mass. 1986). · cites it 2× “G.L.c. 208, § 1A. A judge of the Probate Court entered a judgment of divorce nisi on August 3, 1981.”
Krapf v. Krapf, 786 N.E.2d 318 (Mass. 2003). “See G. L. c. 208, § 1A; Knox v. Remick, 371 Mass.”
Parrish v. Parrish, 566 N.E.2d 103 (Mass. App. Ct. 1991). · cites it 2× “208, § 1A, entered June 30, 1986, the parties were ordered to comply with the terms of an agreement dated May 29, 1986, which was “filed, incorporated and merged” into the judgment. 2 The agreement provided, among other things, that Jean have physical custody of the parties’…”
Irish v. Irish, 842 F.3d 736 (1st Cir. 2016). “” Mass. Gen. Laws ch. 208, § 1A; see also id.”
Knox v. Remick, 358 N.E.2d 432 (Mass. 1976). “See G. L. c. 208, § 1A, inserted by St. 1975, c.”
Mooney v. Mooney, 471 F.3d 246 (1st Cir. 2006). · cites it 3× “Mass. Gen. Laws ch. 208, § 1A. In such circumstances, the separation agreement “shall either be incorporated and merged into [the divorce judgment] or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract.”
Kotler v. Spaulding, 510 N.E.2d 770 (Mass. App. Ct. 1987). · cites it 2× “1 The parties were granted a divorce on the ground of irretrievable breakdown of the marriage under G. L. c. 208, § 1A. The judgment nisi, entered on October 14, 1980, provided that the separation agreement entered into by the parties be incorporated and merged into the judgment…”
A.Z. v. B.Z., 725 N.E.2d 1051 (Mass. 2000). “See G. L. c. 208, § 1A; C.P. Kindregan, Jr. & M.”
Show all 37 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.