Directions for Filing with the Court

Directions for filing for divorce on your own without legal representation. The following forms need to be completed and filed with the Court when petitioning the Court for a divorce:

Joint Petition for Divorce

  1. be sure to fill in both sides of the form and both parties should sign.
  2. check off all documents that you are filing with the Court.

Request for Trial – Pretrial Assignment (Hearing)

  1. at this point “Discovery” or sharing of all documents of financial and other information has already been completed;
  2. check – Uncontested and 1A;
  3. if you do not have an attorney fill in your names and addresses where signatures, etc. are required at the bottom.

Marriage Certificate

This must be the original or “certified” copy issued by the town not the church.

Two (2) pink Financial Statements

One for the husband and one for the wife; Lavender form if a party makes over $75,000.00. Schedule A must be filed if one is self employed, Schedule B if one owns income producing real estate. Be sure to attach your W2’s or 1099’s or Schedule C of the last tax year. Middlesex County wants the Financial Statements sent in with the Agreement and Request for Hearing; Worcester County only wants them brought to the Divorce Hearing.

An executed Separation Agreement

This must be an original. Attorney Johnson will prepare.

An executed Affidavit of Irretrievable Breakdown

This must be an original. Attorney Johnson will prepare.

Child Support Guidelines

Form 408

Affidavit Disclosing Care or Custody

Filled out by parent where child(ren) spending the majority of time.

Income Assignment Worksheet

If applicable.

Certificate of Completion of required* Parenting Class at an approved facility.

*Applies for ALL parents with children under the age of 18.

Postcard

A self addressed stamped post card with both parties names and an address on the face. The words: “Docket No._________”, “Date filed_________” must be written on the reverse side. The Court will return it to you and you can use it for tracking purposes.

Filing Fee

$215 made payable to (Middlesex, Worcester or Essex) Probate Court (personal checks are okay).

Mailing

If you are mailing the paperwork, the address is:

Clerk
Divorce Section
Middlesex Probate & Family Court
208 Cambridge Street
E. Cambridge, MA 02141-1268

OR

Clerk
Divorce Section
Worcester Probate & Family Court
225 Main Street
Worcester, MA 01608-1186

OR

Clerk
Divorce Section
Essex Probate & Family Court
36 Federal Street
Salem, MA 01970

The Court will send you a notice of when to appear at Court.BOTH parties must attend.

QDRO

The Qualified Domestic Relations Order relative to retirement benefits, if applicable, must be taken to Court on the Hearing Date for an original signature of the Judge. Upon its return you must then forward it on to the Plan Administrator.