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Anyone filing for a 1A divorce needs to file: A certified copy of your marriage certificate, which you can get from the Registry of Vital Records or your city or town. Separation agreement (you already have this prepared). Joint Petition for Divorce form (CJD-101A) signed by both spouses or their lawyers.
The first person to file will choose the grounds for divorce or whether to file a no fault divorce. One major advantage of filing first is the ability to stop your spouse from moving any financial assets or changing beneficiaries on life insurance policies or retirement accounts.
The simple answer is that it does not make a difference who files for divorce first. The judges in the Massachusetts Probate and Family Courts do not care who files first.
The judges in the Massachusetts Probate and Family Courts do not care who files first. For the most part, they do not even care why you are filing for divorce.
You will have to serve divorce paperwork on your spouse, but a spouse cannot keep you from obtaining a divorce in Massachusetts simply by not signing paperwork. Joseph F. Botelho, Esq.