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

Mass. Gen. Laws ch. 208, § 1B (2026)

Causes for divorce; irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure

✓ current as of July 2026
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Section 1B. An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.

No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.

Notwithstanding the foregoing, at the election of the court hereunder, the aforesaid six month period may be waived to allow the consolidation for the purposes of hearing a complaint commenced under this section with a complaint for divorce commenced by the opposing party under section one.

The filing of a complaint for divorce under this section shall not affect the ability of the defendant to obtain a hearing on a complaint for divorce filed under section one, even if the aforesaid six month period has not yet expired.

Said six month period shall be determined from the filing of a complaint for divorce. In the event that a complaint for divorce is commenced in accordance with the provisions of section one A or is for a cause set forth under section one, and said complaint is later amended to set forth the ground established in this section, the six month period herein set forth shall be computed from the date of the filing of said complaint.

As part of the entry of the judgment of divorce nisi, appropriate orders shall be made by the court with respect to custody, support and maintenance of children, and, in accordance with the provisions of section thirty-four, for alimony and for the disposition of marital property.

Nothing in the foregoing shall prevent the court, at any time prior to judgment, 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, in the event that the parties file the statement and dissolution agreement as required under section one A hereinabove, then said action for divorce shall proceed under said section one A.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1987–2025 · leading case: Balistreri v. Balistreri, 106 N.E.3d 693 (Mass. App. Ct. 2018).
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Balistreri v. Balistreri, 106 N.E.3d 693 (Mass. App. Ct. 2018). · cites it 4× “On April 14, 2011, the husband filed a complaint for divorce pursuant to G. L. c. 208, § 1B, citing an irretrievable breakdown of the marriage.”
Sbrogna v. Sbrogna, 91 N.E.3d 1175 (Mass. App. Ct. 2018). · cites it 2× “If, instead, one party alone initiates the divorce, then he or she must begin by filing a complaint under G. L. c. 208, § 1B (a § 1B complaint). A § 1B complaint, together with the summons, must be served on the other spouse.”
Buckley v. Buckley, 679 N.E.2d 596 (Mass. App. Ct. 1997). “Where the parties’ agreement is not unconscionable on its face, the court is not bound to hold an evidentiary hearing in order to incorporate or merge the agreement with a divorce judgment entered pursuant to G. L. c. 208, § 1B. See Barry v. Barry, 409 Mass.”
Lavin v. Lavin, 508 N.E.2d 640 (Mass. App. Ct. 1987). “Two divorce judgments entered: the first on the husband’s complaint under G. L. c. 208, § 1B; the second on the wife’s cross-complaint under G.”
Spenlinhauer v. Kane, 1998 Mass. App. Div. 155 (Mass. Dist. Ct., App. Div. 1998). “208, §1), and irretrievable breakdown of the marriage (M.G.Lc. 208, §1B). The Complaint has never been modified.”
M.M.D. v. M.E.D. (Mass. App. Ct. 2024). · cites it 6× “(wife), appeals from a Probate and Family Court judgment of divorce nisi pursuant to the "no-fault" divorce statute, G. L. c. 208, § 1B. He argues that the judgment must be vacated because the "irretrievable breakdown" provision of G.”
Jones v. Jones, 94 N.E.3d 881 (Mass. App. Ct. 2017). · cites it 2× “On September 14, 2010, the husband filed a complaint for divorce, pursuant to G. L. c. 208, § 1B, on the ground that there had been an irretrievable breakdown of the marriage.”
Commonwealth v. Agogo (Mass. App. Ct. 2018). · cites it 4× “On May 27, 1997, the wife filed a complaint for divorce under G. L. c. 208, § 1B, citing an irretrievable breakdown of the marriage.”
Rose v. Rose (Mass. App. Ct. 2019). “claiming that the 'cause' for the divorce, namely 'an irretrievable breakdown of the marriage' under G. L. c. 208, § 1B, occurred in Massachusetts.”
Jacobson v. Jacobson, 119 N.E.3d 357 (Mass. App. Ct. 2018). “The plaintiff filed a pro se complaint for divorce pursuant to G. L. c. 208, § 1B, on January 25, 2016. Counsel thereafter appeared on her behalf, and the plaintiff was represented throughout the remainder of the Probate and Family Court proceedings, as well as now on appeal.”
Dorothy Luck v. Michael Luck. (Mass. App. Ct. 2025). “After the husband moved to alter or amend the judgment, the judge issued an amended judgment.”
Karim Suwwan De Felipe v. Leila El-Youssef Suwwan (Mass. App. Ct. 2025). “On September 24, 2020, the husband filed a complaint for divorce, alleging an irretrievable breakdown of the marriage pursuant to G. L. c. 208, § 1B. On November 9, the wife filed an answer and counterclaim for divorce.”
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