Instructions: Complaint for divorce (Section 1B - irretrievable breakdown) court form

Instructions and information to help you complete this form.

Documents to file with the complaint form

File these documents with this complaint:

Additional Resources

Filing fees

Please see the Probate and Family Court filing fees for applicable fees.

Service of Complaint

Follow Massachusetts Rules of Domestic Relations Procedure Rule 4 to serve the complaint on the defendant.

Attend the Mandatory Co-Parenting Education Program

All parents where there is no agreement on custody and/or parenting time of their minor children must attend the four-hour online co-parenting course “Two Families Now” unless a Judge waives the requirement.

Notice to Parents: Mandatory Attendance at Online Co-Parenting Education Course "Two Families Now"

If you think you should not be required to attend the parent education course you can file Motion to Waive Attendance at Two Families Now Co-Parent Course and provide notice to the other side by sending them a copy.

To find more about co-parenting education go to: Parent Education | Mass.gov

 

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 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 Procedures Rules 4.1 and 4.2.
  • 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. See Supplemental Probate Court Rule 411.
  • If, before a judgment is entered, the parties file a sworn affidavit that an irretrievable breakdown of the marriage exists and a notarized separation agreement together, then the divorce case will become a no-fault 1A case, and the court will quickly schedule a hearing on the dissolution agreement.

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