See G.L. c. 208 for more information.
Documents to file with the complaint form
File these documents with this complaint:
- Certified copy of civil marriage certificate.
- R-408 - Certificate of Absolute Divorce or Annulment Statistical Information form. (See G.L. c.208, Section 6B) Please complete items #1 through #10B. Please type or write neatly. Do not leave fields blank. If you can’t complete the field (e.g. you don’t know how many prior marriages there were), put dashes ("---") in the field to show that you left it blank on purpose.
- Affidavit of Care and Custody if the parties have children together. This form is also available at the courthouse.
- Child Support Guidelines Worksheet in all cases where an order for child support may be established or modified, regardless of the income of the parties.
- Lawyers must file a Uniform Counsel Certification.
When you fill out the complaint form, the allegations in Paragraph 5 must comply with G.L. c.207, Sections 1 and 2 and Massachusetts Rules of Domestic Relations Procedure Rule 8.
Additional Resources
Filing fees
Please see the Probate and Family Court filing fees for applicable fees.
Service of complaint
Follow the Massachusetts Rules of Domestic Relations Procedure Rule 4 to serve the complaint on the defendant.
Financial statements
Please see this financial statements page for additional information, including the financial statement long and short forms and instructions.
See Uniform Probate Court Practice XXX and Supplemental Probate Court Rule 401 for more information.
Additional information
- You must make all requests for temporary relief (a request for the court to take some action in the context of the divorce) by motion, although you can put several requests in one motion.
- For temporary restraining orders, see information about the affidavit requirement in the Massachusetts Rules of Domestic Relations Procedure Rule 65.
- If you want an attachment or trustee process, file a motion with an affidavit. You usually don’t need a certificate of insurance in domestic relations cases. See Massachusetts Rules of Domestic Relations Procedure Rules 4.1 and 4.2.
- When there are minor children, divorcing parents are required to attend and participate in an approved Parent Education Program unless the court waives the requirement. See Probate and Family Court Standing Order 3-23.
- Each party must deliver specific financial documents to the other within 45 days from the date of service of summons. See Supplemental Probate Rule 410.
- An automatic restraining order applies to both parties in a divorce complaint. It blocks both parties from doing anything that will change the parties’ current financial status.