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Massachusetts
Probate and Family Court
Services
Page
Links:
Service
of Process
Subpoena
Services
Notary
Public
Services
Divorce
Info
Grounds
for Divorce
Paralegal
Support
Separation
Agreement
IMPORTANT
INFORMATION:
The
following information is provided to you as a public service and does
not constitute
legal
advice.
When you sign a legal document or file any
documents with the court
it can seriously
affect
your future. You
should always try to get legal advice before
signing any
documents,
filing any documents with the Court or appearing in Court.
We are not
attorneys and cannot represent you. We can only (1) serve your
paperwork;
(2)
notarize
your paperwork; and (3) issue subpoenas for
your pending case. We
cannot
give or
accept fees for legal advice.
The
Massachusetts Notary Public & Legal Support Network can assist
you with the vital steps in your case being heard by a Massachusetts
Probate & Family Court. For instance, we can notarize
your important court documents, serve all your Probate and Family Court
paperwork, issue and serve all of your subpoenas, and offer paralegal
support services that do not involve the practice of law.
SERVICE
OF PROCESS
Our
Professional Process Servers are authorized to serve all of your
Probate and Family Court Process anywhere in Massachusetts. Our process
servers are experienced in serving court process and perform services
in full compliance with the Massachusetts Rules of Domestic Relations
Procedure.
Our Professional Process Servers will serve all of your court
documents, including, but not limited to, the following:
-
Subpoena Duces Tecum
- Subpoena Ad
Testificandum
- Deposition Subpoenas
- Probate Citations
-
Paternity
- Summons
& Complaint
- Divorce Process
-
Adoption
- Child
Support
- Modifications
- Domestic Relations
Summons - All Notices
- All Pleadings
- Capias
Warrants
- All Probate Process
- Complaint for Support - Custody -
Visitation Pursuant to G.L. c. 209 C
For more information about our process server services, please click here.
SUBPOENA
SERVICES
Do you need a subpoena for your pending case that is being heard by a
Massachusetts Probate and Family Court? If so, we can help you! Our
Family Law Paralegal can type up your subpoena so that it will comply
with Rule 45 of the Massachusetts Rules of Domestic Relations
Procedure. Then, after it is drafted, one of our on-call notaries
public will issue the subpoena and will arrange for the subpoena to be
served by one of our certified process servers.
A subpoena may be issued to
order a person to do any of the following:
1. appear at court to give testimony (subpoena ad testificandum);
2. appear before a notary public, justice
of the peace, or other officer authorized to
administer oaths, at the taking of a deposition (deposition subpoena);
3. produce books, papers, documents,
photos, or
other tangible things that may be
used
during a
trial or hearing (subpoena
duces tecum);
4. appear at a court or at a deposition
AND produce books, papers, documents, or
other
tangible things that may be used as evidence.
The
average notary public will never be asked to issue a
subpoena because it's a task that should
be completed by a legal professional who is familiar with the court
rules that detail how a subpoena shall be issued. If the format of a
subpoena fails to comply with a court rule, the presiding judge may
invalidate it.
Since our
Network has degreed paralegals and licensed attorneys at our disposal,
we can issue your subpoena so that it will comply with the
applicable laws/rules. This Network considers our notaries public to be
"legal
notaries"
and not just "bank
notaries"
because our notaries public also work as legal support
professionals (i.e., paralegals) and have been trained in the law. (Notice:
the two titles above are not official titles. They are used by our
Network members only.)
If you need
a subpoena issued, please
click here
and fill out our online form. We will promptly respond to your service
request and will arrange for the subpoena to be drafted, issued and
served.
Failure by any person
without
adequate excuse to obey a subpoena
issued and served upon him may be
deemed a contempt of the court
in which the action is pending.
NOTARY
PUBLIC SERVICES
Many
Probate and Family Court documents need to be notarized by a
Massachusetts Notary Public before they will be accepted by the court.
Our notaries public comply with Executive Order 455 (04-04), which is
entitled, "Standards
of
Conduct for Notaries Public".
A Massachusetts Notary Public is a public officer and servant appointed
by the Governor, with the advice and consent of his legal council. As
set forth in Article IV
of
the Articles of Amendment to the Constitution of the Commonwealth, a
person commissioned as a notary public may perform notarial acts in any
part of the Commonwealth for a term of seven years, unless the
commission is earlier revoked or the notary resigns.
A Massachusetts Notary Public may perform the following duties on
behalf of the Commonwealth of Massachusetts:
-
Issue Subpoenas
-
Issue Summonses
-
Administer Oaths/Affirmations
-
Take
Acknowledgments
-
Witness Signatures
-
Take
Affidavits (Jurat)
-
Certify Copies of Documents, etc.
For more information about our Notary
Public
services, please click
here.
 Divorce
is the dissolution of the marriage relationship by the judgment of the
Court. Actions for divorce should be filed in the division of the
Probate and Family Court located in the county in which either party
lives, expecting that the action must be filed in the county where the
parties last lived together if one of the parties still resides in that
county.
In Massachusetts, parties may file either a Joint Petition for Divorce
or a Complaint for Divorce. The parties will file a Joint Petition for
Divorce, commonly referred to as a "1A", if they agree to all issues
pertaining to the divorce such as the division of marital property,
child custody, and spousal support. A Complaint for Divorce will be
filed if the parties do not agree to all issues.
The parties are co-petitions in a Joint Petition for Divorce, and
plaintiff and defendant in a Complaint for Divorce.
Below you will find information regarding divorce. There are three
types of divorces that are filed in a Massachusetts Probate and Family
Court:
1.
Uncontested
- 1A - This is filed with a
"Petition" form - Both parties
must sign
this
and
other forms associated with this type of divorce proceeding.
(See sample here)
2. No-Fault
- This is filed with a "Complaint for Divorce" form. Only one party
needs to
sign this
Complaint for Divorce. The other party will be notified by a summons
which
will be served by
a process server and will have an opportunity to answer the
Complaint. (See
sample Complaint here)
3. Fault
- This is filed with a "Complaint for Divorce" form. Only one
party needs to
sign this
Complaint for Divorce. The other party will be notified by a summons
which
will be served by
a process server and will have an opportunity to answer the
Complaint. (See
sample Complaint here)
GROUNDS
FOR
DIVORCE
IN
MASSACHUSETTS
When you
file for divorce, you will need to choose a legal reason for the
divorce which fits the facts of your situation. Legal reasons for
divorce are called the "grounds for divorce".
There are
two "no fault" grounds and seven "fault" grounds for divorce in
Massachusetts. Most divorces are filed under "no fault" grounds.
What
is a "no fault" divorce?
A "no
fault" divorce is a divorce in which the marriage is broken beyond
repair but neither party wants to blame the other. The legal term for a
"no fault" divorce is an "irretrievable breakdown of the marriage."
There are two ways to file a divorce based upon an irretrievable
breakdown of the marriage. These are often referred to by the section
of Massachusetts General Laws Chapter 208 in which they are found. They
are as follows:
1A
- Irretrievable Breakdown of
the Marriage = In this type
of divorce both parties
participate in the filing of a document called a Joint Petition for
Divorce. In order to file for this type of divorce, you must have
reached an agreement as to all issues (for example, custody,
visitation, child support, alimony, division of property and debts,
health insurance coverage, etc.). This agreement is called a Separation
Agreement. When you file the Joint Petition for Divorce, you file your
Separation Agreement (which each party must sign before a separate
notary public) and a document called an Affidavit of Irretrievable
Breakdown of the Marriage. An "Affidavit of Irretrievable Breakdown" is
a statement made under oath which states the reasons the marriage is
irretrievably broken down and states whether or not there is any chance
the parties will reconcile.
There are other documents required to be filed with the Joint Petition
for Divorce. These documents will be provided to a party in his or her Joint
Petition packet which is
available in the Registry Office
of the
Probate and Family Court.
1B
- Irretrievable Breakdown of
the Marriage = In this
type of divorce, one party files a document called a Complaint for
Divorce claiming "irretrievable breakdown of the marriage." This type
of no fault divorce is used where the parties do not have an agreement.
It may be used if the parties are unable to reach an agreement as to
all issues (for example, custody, visitation, child support, alimony,
division of property and debts and health insurance coverage, etc.) or
if the other party does not agree that there is an irretrievable
breakdown of the marriage. There is a six month waiting period before a
final hearing on this type of divorce
can be held.
A
Separation Agreement and Affidavit are not required at the time of
filing the Complaint for Divorce and the party will be required to have
a
summons "served" (which means "delivered") on the other party by a
process server.
There are
other documents which must be filed with the Complaint for Divorce.
These documents will be provided to a party in his or her Complaint for Divorce
packet which is available at
the Registry Office of the
Probate and
Family Court.
What are the "fault" grounds for divorce?
There are
seven "fault" grounds for divorce in Massachusetts. They are seldom
used. They are as follows:
Cruel and abusive
treatment =
This is the most common "fault" ground for divorce in Massachusetts. In
order to be divorced on this basis, a person needs to prove to the
judge that his or her spouse did something which caused him or her
harm. This ground for
divorce is sometimes used in situations of domestic violence.
Utter desertion continued
for one
year = In order to be
divorced on this basis, a person
needs to
prove to the judge that his or her spouse left home voluntarily, that
the deserting spouse has no intention of returning home and that she or
he has not lived
with him or her for a least one year prior to the date the complaint
for
divorce was filed.
The
following grounds are rarely used and may be complicated to
file and difficult to prove. You should obtain legal advice if you
are considering filing under any of these grounds.
Sentence
of
confinement in a penal institution
= In order
to be divorced on this basis a person needs to prove that his or her
spouse has
been sentenced to prison for life or for five years or more. This
ground is based upon the length of the sentence, not the actual time
spent in prison.
Gross and confirmed habits
of
intoxication caused by voluntary and excessive use of intoxicating
liquor, opium or other drugs
= In order
to be divorced on this basis a person needs to prove his or her spouse
has
voluntarily and excessively used drugs or alcohol in such a way that it
has become a pattern.
Gross
or
wanton and cruel refusal or neglect to provide suitable support and
maintenance for the other spouse
= In order
to be divorced on this basis a person needs to prove that his or her
spouse has
refused or neglected to provide support or maintenance for him or her
and that the spouse has the ability to provide said support.
Adultery =
In order
to be divorced on this basis a person needs to show that his or her
spouse had
sexual intercourse during the marriage with someone other than him or
her. The person
will have to prove that sexual intercourse occurred, which makes this a
difficult ground on which to obtain a divorce.
Impotency
= This
ground is rarely used. In order to be divorced on this basis a person
needs
to prove that his or her spouse is incapable of having sexual
intercourse.
Deciding
on a basis for a divorce can be very complicated. If you have
questions about the grounds for divorce and what you need to prove, you
should seek legal advice from an attorney.
PARALEGAL
SUPPORT
SERVICES
"Paralegal
- The
Real Power of Attorney"
Part of our Network is known as Independent Paralegal Services, or
"IPS" for short. Our paralegals are trained in the legal field and have
experience in family law (domestic relations). We offer virtual
(online) paralegal assistance, as well as in-person (face to face)
paralegal assistance. We find, however, that it is better to have one
of our paralegals assist you online because it will save you and the
paralegal a lot of valuable time.
As defined by the National Federation
of
Paralegal
Associations (NFPA), a Paralegal
is a person, qualified
through
education, training or work experience, to perform substantive legal
work that requires knowledge of legal concepts and is customarily, but
not exclusively, performed by a lawyer. This person may be retained or
employed by a lawyer, law office, government agency or entity or may be
authorized by administrative, statutory or court authority to perform
this work. Substantive shall mean work requiring recognition,
evaluation, organization, analysis, and communication of relevant facts
and legal concepts.
Retaining an independent
paralegal is profitable to law firms, furthers public policy and
provides quality legal services to the general public at a fair rate.
Please note, however, that if you decide to use an independent
paralegal, you must remember that we ARE
NOT
attorneys licensed to practice law and cannot give or accept fees for
legal advice.
Our paralegals have been trained in family law and are willing to
assist you with your paperwork. Specifically, our paralegals will offer
you the following services:
*
Document Preparation
* Court
Filing
* Typing Services
* Court Records
Search
* Offer Needed Forms
* Draft Subpoenas
* Legal Research
* Advise You of Court Rules
If
you would like to purchase all the forms needed to file for your
divorce, we can send them to you via mail or email.
For example, if you and your husband want to file a joint petition for
divorce, you can contact us and request that we send you all the
necessary forms that you can fill out at home without having to go to
court. And, when they're filled out, we can (1)
provide you with a notary public who will meet you at your home to
notarize your signatures on the documents
that need to be notarized; and (2)
file your paperwork with the Massachusetts Probate and Family Court
Department. All you would have to do is appear in court on the hearing
date!!
The packet of forms will include the following:
- Complaint for Divorce (either "1A",
"IB" or complaint);
- R-408 Certificate of Absolute Divorce
or Annulment;
- Affidavit of Care and Custody (if
minor child[ren] involved);
- Affidavit of Irretrievable Breakdown;
- Financial Statements (Long or Short);
- Separation Agreement (for "1A
Divorce")
And all other forms required to be
filed
PRICE
FOR FORMS:
- Uncontested, Joint Divorce ("1A") = $350*
- Contested Divorce ("1B") = $250
MASSACHUSETTS
SEPARATION
AGREEMENT
A Separation Agreement is a contract
designed to settle all outstanding marital issues, drafted after
marriage in anticipation of divorce. It defines the legal end of the
couple's relationship as spouses and determines their post-divorce
rights and obligations. Before any couple is granted a non-adversarial
(uncontested), no-fault divorce in Massachusetts, their signed,
notarized, Separation Agreement must be submitted to a probate and
family court for approval.
Separation Agreements are recognized by statute - the same statute that
created the Massachusetts non-adversarial (uncontested), no-fault
divorce (M.G.L.
c. 208 § 1A). A judge
must find every Separation Agreement to be "fair and reasonable) before
any divorce can be allowed.
Parties to divorce sign Separation Agreements before they are submitted
to a court for approval. From the time it is signed until it is "heard"
in court, a Separation Agreement is an enforceable contract. When a
judge finds a Separation Agreement to be "fair and reasonable" at the
hearing of the parties' divorce, the agreement rises to the level of a
court order.
After a Separation Agreement has been found to be "fair and reasonable"
in court it continues as an enforceable contract AND as a court order.
If a judge determines a Separation Agreement is NOT "fair and
reasonable" the Separation Agreement will be rendered null and void,
and no longer exist as an enforceable contract.
Separation Agreements are required, by law, to cover the following
topics:
1.) Alimony
2.) Health Insurance
3.) Division of Marital Property
4.) Care and Custody of Minor Children
5.) Division of Real Estate, etc.
We can
provide you with a Separation Agreement that can be easily filled in.
This Separation Agreement complies with Massachusetts law and covers
every topic. The prices are
as follows:
Separation
Agreement w/No Minor Children
= $150.00
Separation
Agreement w/Minor Child(ren)
= $195.00
Please contact us via email
if you're interested in purchasing a Separation Agreement. Once your
payment is received and/or confirmed, we will email you the form in PDF
or Word format.
(Go
to
top)
LEGAL
DISCLAIMER: A Notary Public
and/or a paralegal is not an
attorney licensed to practice law and cannot give or accept fees for
legal advice. If you need legal advice, please contact an attorney. ---
Notaries Public cannot offer advice
concerning a document and/or transaction unless he or she is an
attorney licensed to practice law or is trained in that particular
field or industry.
Massachusetts
Process Servers
Website and all contents
© Copyright
Korey Humphreys 2009-2012, All rights reserved.
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