No complaint for divorce brought pursuant to G.L. c.208, Sections 1,1A or 1B , nor complaint for separate support under G.L. c.209 , nor complaint for any modification thereof shall be marked for a hearing unless a financial statement of each party is on file with the court.

This requirement may be waived:

1) by the court, sua sponte;

2) on the motion of either party asserting non-compliance with Supplemental Rule 401 by the other party which is accompanied by a request for sanctions pursuant to Dom. Rel. P. Rule 37, or

3) on an affidavit asserting unavailability of the opposing party which precludes compliance with Rule 401 and this practice.

A previously filed financial statement shall be deemed acceptable for the purposes of this practice if a sworn statement is filed stating that there has been no change in the party’s finances since the last statement was filed.

Adopted December 4, 1979, effective December 17, 1979. Amended effective August 1, 1982.

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