Complaint for Divorce Form 1B (cjd-101B)

The Complaint for Divorce Form 1B, also known as CJD-101B, is used in Massachusetts for filing a divorce based on the grounds of an irretrievable breakdown of the marriage. This form is part of the process for a “1B” divorce, which is a no-fault divorce initiated by one spouse. The form requires specific information about the parties involved, including their addresses, marriage details, and any prior domestic relations actions. It is important to fill out the form accurately and completely, as it sets the stage for the divorce proceedings.

The process for filing a 1B divorce in Massachusetts involves several steps:

1. Filing the Complaint: One spouse files a Complaint for Divorce Form 1B (CJD-101B) based on the grounds of an irretrievable breakdown of the marriage.
2. Service of Process: The complaint must be served to the other spouse, typically by a sheriff or constable, to notify them of the divorce action.
3. Mandatory Self-Disclosure: Both parties must exchange mandatory financial disclosures as required by Supplemental Rule 410 before proceeding with discovery motions.
4. Discovery: This phase involves gathering information relevant to the divorce, which may include interrogatories, document requests, and depositions.
5. Temporary Orders: Either party may file motions for temporary orders regarding alimony, child support, custody, and other matters during the divorce process.
6. Pretrial Conference: A pretrial conference is held to discuss settlement possibilities and prepare for trial if necessary.
7. Settlement or Trial: If the parties reach an agreement, a separation agreement is submitted to the court. If not, the case proceeds to trial where both sides present evidence and witnesses.
8. Judgment of Divorce Nisi: After the trial or settlement, the court issues a judgment of divorce nisi, which becomes final after 90 days.