The Complaint initiates a court action and is the first document (pleading) filed in a lawsuit, listing the accusations upon which the complaining party bases their request for relief, and the relief sought. This sample document, a Complaint For Divorce, can be used as a model for drafting a similar complaint. Adapt to fit your own facts and circumstances.
Boston Massachusetts Complaint For Divorce - CD-J-101
State:
Massachusetts
City:
Boston
Control #:
MA-10
Format:
PDF
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How to fill out Massachusetts Complaint For Divorce - CD-J-101?
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Domestic relations and paternity fees Type of pleadingFiling feeSurcharge (if applicable)Divorce, Complaint$200$15Enforcement of Foreign Decree ? Alimony only$100$15Grandparent visitation, PetitionNo FeeMarriage without delay$180$1515 more rows
Filing first for divorce does not matter in Massachusetts. The first person to file will choose the grounds for divorce or whether to file a no fault divorce.
An uncontested divorce will finalize within 90 to 120 days. If there is a separation agreement involved, the timeline is closer to the 120 days. There are simplified divorce procedures for people who are in complete agreement and they may apply to you. That is why it is important to discuss this with an attorney.
To serve the documents you would hire a Sheriff or a Constable and give them the paperwork to serve your spouse. After the documents are served on your spouse, you get something called a Return of Service which is confirmation that the Sheriff or Constable had served the spouse.
For example, if you have an ?uncontested? divorce (under Chapter 208, Section 1A), the cost of your divorce will be somewhere between $220 (the approximately filing fee cost, assuming you don't have attorneys) and $5,000. Typically, our firm can complete a relatively simple ?1A? divorce between $3,500 and $5,000.
How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.
According to , the average cost of a divorce in Massachusetts is $12,000+. No matter your individual situation though, you should be able to get a rough estimate based on some of the factors that influence the cost of a divorce and apply those to your situation.
In a typical Massachusetts divorce, each party pays his or her own legal fees and expenses. This is consistent with the so-called ?American Rule?, which provides that parties pay their own legal fees in Massachusetts court cases. See Wong v. Luu, 472 Mass.
The Probate and Family Court Department has jurisdiction over family-related and probate matters, such as divorce, paternity, child support, custody, parenting time, adoption, ending parental rights, abuse prevention, wills, estates, trusts, guardianships, conservatorships, and name changes. The court has 14 divisions.
In Massachusetts, a judge may grant you a no-fault divorce due to an irretrievable breakdown of your marriage (when the marriage is broken and cannot be fixed). A fault-based divorce is when you file for divorce, and you claim that your spouse was responsible for the end of the marriage.