Complaint for Divorce - 1B or fault divorces
Who is this case type for?
For married people who want to end their marriage and cannot reach an agreement on all issues with their spouse.
What you will need
- Certified copy of your marriage certificate (and certified translation if it is not in English).
- Current address of your spouse, or if unknown, the last known address.
- If there were children born of the marriage, full name(s), and date(s) of birth of the child(ren).
Learn more about getting a no-fault 1B divorce.
Complaint for Separate Support
Who is this case type for?
For married persons seeking a court order while remaining married to their spouse.
What you will need
- Certified copy of your marriage certificate (and certified translation if it is not in English).
- Current address of your spouse, or if unknown, the last known address.
- If there were children born of the marriage, full name(s), and date(s) of birth of the child(ren).
Complaint for Custody Support and Parenting Time
Who is this case type for?
- For parents who have never been married to one another; and
- Where both parents are listed on the birth certificate or there is a court order identifying a second parent.
What you will need
- Certified copy of the child’s birth certificate (and certified translation if it is not in English).
- Current address of the other parent, or if unknown, the last known address.
Please note
General rule is that the child must have lived in Massachusetts for at least six (6) months and the case will be filed in the Probate and Family Court in the county in which the child lives.
Complaint to Establish Parentage
Who is this case type for?
- For parents who have never been married to one another;
- Where there is no second parent listed on the child’s birth certificate; and
- Where there is no court order identifying a second parent.
What you will need
- If you are the person who gave birth to the child, then you will need a certified copy of the child’s birth certificate (and certified translation if it is not in English); if you are not the person who gave birth to the child and are unable to get a birth certificate, you will need the full name and date of birth of the child.
- Current address of the other parent. If their address is unknown to you, please connect with the Virtual Court Service Center or your local Court Service Center to discuss what options may be available to you.
Please note
General rule is that the child must have lived in Massachusetts for at least six (6) months and the case will be filed in the Probate and Family Court in the county in which the child lives.
In certain situations, this case type may also be used to establish that someone other than the second parent listed on the child’s birth certificate should be there. In these situations, the person filing will need to know the name and address of the second parent who should be on the birth certificate.
Petition for Name Change of Adult
Who is this case type for?
For adults seeking to legally change their name.
What you will need
Certified long form copy of birth certificate and any prior judgments or records amending your name such as a marriage certificate or divorce decree.
Please note
- This paperwork requires notarization. If person requesting the name change does not have a valid photo ID, please inform Court Service Center staff.
- This will be filed in the Probate and Family Court in the county where the person seeking the name change lives.
Petition for Name Change of a Minor Child
Who is this case type for?
For those seeking to change the name of a child under eighteen (18) years old.
What you will need
- Certified copy of the child’s birth certificate (certified translation if it is not in English).
- Current address of the other parent, or if unknown, the last known address.
Please note
- This paperwork requires notarization. If person for whom the name change is sought is between twelve (12) and seventeen (17) years old and does not have a valid photo ID, please inform Court Service Center staff.
- This will be filed in the Probate and Family Court in the county in which the child lives.
Petition for Guardianship of Incapacitated Person
Who is this case type for?
For those seeking to make medical decisions for an incapacitated person over eighteen (18) years of age.
What you will need
- Completed Clinical Team Report or Medical Certificate.
- Full names (with correct spelling) and addresses of all interested parties in the case (for example, spouse, children, siblings, parents, etc.).
Please note
- Clinical Team Report: Used when a person with an intellectual disability (such as Down's Syndrome or low IQ) is unable to make decisions or fully function in some or all areas of their life. Typically used when an adolescent reaches age of majority (18 years old). Must be signed by physician, psychologist, and social worker (all three). Valid for 180 days from the earliest exam date.
- Medical Certificate: used when a medical professional determines that someone is no longer able to make decisions or fully function in some or all areas of their life. Includes conditions such as coma, dementia, Alzheimer’s, or Schizophrenia. Signed by one of the following: registered physician, licensed psychologist, or certified psychiatric nurse clinical specialist. Valid for 30 days from exam date.
- If you are having difficulty determining which medical documentation you need, please connect with the Virtual Court Service Center or your local center for guidance. Please note: These cases are generally filed in the Probate and Family Court in the county in which the incapacitated person lives or is present at the time the case is filed.
Petition for Guardianship of Minor
Who is this case type for?
For people seeking “custody” of a child under the age of eighteen (18) of whom they are not the parent (grandparents, aunts, uncles, siblings, etc.).
What you will need
Full name and current address of known parents. If any of the addresses are unknown, please bring the last known address.
Please note
- If minor is fourteen (14) or older, some court locations will require a Notarized and Verified Consent (MPC 441) signed by the minor and signed before a notary before you may file. If the minor does not have a photo ID, please inform Court Service Center staff.
- These cases are generally filed in the Probate and Family Court in the county in which the child lives.
Petition for Correction of a Marriage/Birth/Death Record
Who is this case type for?
For those trying to correct a clerical error or omission on a vital record such as the spelling of a name, place of birth or date of birth. The goal is to make the record accurately reflect the facts that existed at the time the record was made.
What you will need
- Certified copy of the birth, marriage, or death certificate that contains the error or omission.
- Documents that prove there is an error or omission that you feel may be helpful.
Voluntary Administration Statement
Who is this case type for?
- For an estate that is valued $25,000 or less plus one car;
- At least 30 days have passed since the person died;
- The person who died was a resident of Massachusetts at the time of death and the deceased did not own any real estate;
- The person filing is a spouse, child, or other family member who is entitled to inherit property when someone dies without a will (heir), a person named in a will (devisee), or someone the person who died owed money to (creditor). Learn more about who can inherit.
What you will need
- Certified copy of the death certificate.
- List of assets that you are trying to access.
- Original will if there is one.
- Addresses for all living heirs and/or devisees of the deceased.
Please note
- Filed in the Probate and Family Court in the county in which the deceased lived. The deceased’s address will be listed as “residence” on the death certificate under the “decedent” information.
- A Voluntary Administration cannot be filed if the decedent:
- Owned real estate; or
- Was not a resident at the time of death.
Find out how to file a voluntary administration for an estate and what forms you'll need.
Complaint for Modification
Who is this case type for?
For people seeking to change a court judgment because something significant and important has happened since the last time the judge made the decision.
What you will need
Current address of the other party, or if unknown, the last known address.
Please note
- If you are seeking a modification of child support, some Probate and Family Courts will require you to submit a financial statement when filing a Complaint for Modification.
- Please bring information about your income, debts, and assets.
- If you receive paystubs from an employer, please bring a recent paystub that reflects what you make in a typical week. If you receive social security, please bring a recent statement. If you receive government assistance, know what your monthly benefit amounts are.
Complaint for Contempt
Who is this case type for?
For people seeking to enforce the order/judgment which they say the other party is intentionally disobeying.
What you will need
Current address of the other party. If their address is unknown, please connect with the Virtual Court Service Center or your local Court Service Center to discuss what options may be available to you.
Please note
If you are seeking to enforce a child support order, please have the amount the other party owes you available. The Department of Revenue may be able to provide you a printout.
Complaint to Enforce a Foreign Decree
Who is this case type for?
For people who have a Court judgment from another state or country and want to enforce that judgment in Massachusetts, typically because either the child has lived in Massachusetts for at least six (6) months or the enforcement needs to happen in Massachusetts.
What you will need
- Certified copies of the foreign (out-of-state) judgment and any relevant agreements (certified translation if not in English).
- Current address of the other party. If their address is unknown, please connect with the Virtual Court Service Center or your local Court Service Center to discuss what options may be available to you.
Please note
General rule is that the child(ren) must have lived in Massachusetts for at least six (6) months and the case will be filed in the county in which the child lives.
Complaint to Revise or Alter a Foreign Decree/Modification of Foreign Decree
Who is this case type for?
For people seeking to change a court judgment in Massachusetts from another state or country because something significant and important has happened since the last time the judge made the decision.
What you will need
- Certified copies of the foreign (out-of-state) judgment and any relevant agreements (certified translation if not in English).
- Current address of the other party. If their address is unknown, please connect with the Virtual Court Service Center or your local Court Service Center to discuss what options may be available to you.
Please note
General rule is that the child(ren) must have lived in Massachusetts for at least six (6) months and the case will be filed in the county in which the child lives.
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Legal information
Court Service Centers provide legal information on limited types of cases. By requesting our services, you understand that:
- The Court Service Centers will give you legal information, NOT legal advice.
- Court Service Center team members are not your lawyers, and what you tell them is not confidential.
- The Court Service Centers are available to help unrepresented parties.
- Whoever is seeking assistance must be present.
- The Court Service Centers cannot assist you if you have a lawyer for the case you are seeking our assistance with.