What Forms Do I File for Divorce?
For a no-fault divorce where both people agree in all decisions (1A)
For a no-fault divorce where you don’t agree about everything or where only one of you is filing (1B)
For a fault divorce (“section 1”)
- Joint petition for divorce under section 1A signed by both parties or their attorneys. Form CJD 101A .
- Joint affidavit of irretrievable breakdown signed by the parties. Form Affidavit of Irretrievable Breakdown
- Certified copy of the civil marriage certificate. This is available from the Registry of Vital Records or from the city or town hall where you applied for a marriage license
- Notarized separation agreement signed by both parties. This is something you write yourselves. A separation agreement is a written contract inbetween you and your spouse. It spells out how you are going to divide your property, child custody, child support, spousal support, visitation and any other issues relevant to your divorce. There are different ways to reach an agreement. You can negotiate on your own or hire attorneys to help you. You may also determine to use a divorce mediator to help lodge the issues. A separation agreement can be a trussing contract inbetween you and your spouse (this is called a separation agreement that “survives” the divorce). Sometimes it is not a separate contract, but until the judge approves it, it becomes part of the divorce judgment (this is called a separation agreement that has “merged” with the divorce judgment.”) These are technical terms, but it is significant that you make the choice that is right for you. It will be helpful to speak to an attorney about the choices you make. If you are incapable to consult and attorney the law libraries and public libraries have books with examples of separation agreements.
- Certificate of Absolute Divorce for the Registry of Vital Records. Form R-408 file size 6MB
- Financial Statements and applicable schedules: See Financial Statements for more information.