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Home > Courts > Trial Court Departments > Probate and Family

Probate and Family Court Department
Forms - Instructions



Complaint for Divorce Pursuant to G.L. c.208, Section 1B (Irretrievable Breakdown)

 

 

 

 

SEE G.L. c.208 (more specifically Section 1B )

 

The following must be filed with this complaint:


Certified copy of civil marriage certificate.

R-408 -Certificate of Absolute Divorce or Annulment

Statistical Information form.  form | instructions

(SEE G.L. c.208, Section 6B)

 

Affidavit of Care and Custody if parties have child(ren) together.

(form available at the courthouse)

Click here for a list of courthouses by county

 

SEE Uniform Fee Schedule for applicable filing fees.


Service of complaint on defendant is to be made in accordance

with Massachusetts Rules of Domestic Relations Procedure Rule 4

 

Financial Statements 

SEE Uniform Probate Court Practice XXX and

Supplemental Probate Court Rule 401

Short  form | instructions

or

Long form | instructions

 

Child Support Guidelines Worksheet form | instructions

if support for child(ren) is requested.

 

All requests for temporary relief must be made my motion,

although several requests may be contained on one.

For temporary restraining orders,

SEE Massachusetts Rules of Domestic Relations Procedure Rule 65,

affidavit req October 26, 2009 3:42 PM m: 0;"> 

If attachment or trustee process is desired,

a motion with affidavit must be filed.  A certificate of

insurance is normally not required in domestic relations cases. 

SEE Massachusetts Rules of Domestic Relations Procedures Rules 4.1 and 4.2.

All parties to a divorce action in which there is/are minor child(ren) are

required to attend and participate in an approved Parent Education Program

unless requirement waived by the court. 

SEE Probate and Family Court Standing Order 4-08.

 

Each party to a divorce action shall deliver to the other within

45 days from date of service of summons, specific financial documents. 

SEE Supplemental Probate Rule 410.

 

An automatic restraining order applies to both parties in a

complaint for divorce. It prohibits either party from engaging

in any action which changes the present financial status of the parties.

SEE Supplemental Probate Court Rule 411.

 

If, prior to entry of judgment under this section, the parties jointly

file a sworn affidavit that an irretrievable breakdown of the

marriage exists and a notarized separation agreement,

then said action for divorce shall proceed under Section 1A

with the court scheduling a speedy hearing on the dissolution agreement.

 

Affidavit of Irretrievable Breakdown  form | instructions

 

Attorneys are required to file Uniform Counsel Certification

form | instructions

 

 

Click here to print in PDF format

 

 

 

 






 

 
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Last Updated on October 26, 2009 3:42 PM