Uncontested Divorce

Joint Petition - Divorce 1A

  This is a divorce in which both parties have come to written agreements on ALL issues.  Issues could include: child custody, support, visitation, division of marital property, and individual maintenance.  In addition to the information below, we also provide an Instructional Sheet.  (Click here for instructions)  

All forms that are linked below listed below can be filled out by the applicant on-line.   However, the applicant still needs to print out the form, sign it and then submit it to Plymouth County Probate and Family Court either by mail or in person.

Here you will find:

What to file

Where to File

What happens after you file

What to file:

To file for an uncontested divorce, you will need the following:                        

	A filing fee of $215.00  (Payable to “Plymouth Probate Court”.  Bank check or money order is required. No personal checks are accepted.)
	A Joint Petition for Divorce - (Click for form)
	An R408 form - (Click for form)
	A certified copy of your marriage certificate - You must get this from the town/city where you were married.
	An Affidavit from both parties attesting to an Irretrievable Breakdown of the marriage  (Click for form)
	A Separation Agreement, (Click for information) signed by both parties with each signature notarized.  This must address the issues of the division of marital property, proper provisions for alimony (even if it is not requested by either party), custody, support and maintenance of any minor children.
	A Financial Statement must be completed.   If your annual income is less than  $75,000, a short form Financial Statement is required.  (Click here for form)  If your annual income is more than  $75,000, a Long form Financial Statement is required.  (Click here for form)
	Worksheet for Child Support Guidelines if there are any minor children of the marriage (Click here for form)
	Affidavit Disclosing Care or Custody of a child, if there are any minor children of the marriage, you MUST file this form.
	Affidavit Disclosing Care and Custody (Click for form)
	Instructions for filling out the Affidavit (Click for form)
	Affidavit of Indigency can be filed to determine if the parties meet the qualifications for the Court to waive the filing fees.  The Affidavit (Click for form) and the Supplemental Affidavit (Click for form) have two pages each.  The second page should be printed on the back of the first page on each form.
	Request for Assignment (Click for form)  This applies to cases filed before March 14, 2005.  Cases filed on or after March 14, 2005 will be assigned a hearing date by the Court and the Request for Assignment is not necessary.

	IMPORTANT INFORMATION In order to receive a court hearing in this matter if there are minor children involved, (a minor child is a child under the age of 18 years old at the time of filing), both parties MUST attend a Parent Education Program (Click for quick link).  You MUST file your Parent Education Certificate with the Court.  This is the yellow certificate that you receive at the completion of your attendance to this program.

Where to file:  

All papers above should be filed:

What to expect after you file:

Once you file all your papers with the Court, these papers must be processed.  Processing your petition and other papers means that your case needs to be indexed, assigned a docket number, file stamped, docketed into the official court docket, and money needs to be documented and forwarded into the State's Account. 

For cases filed on or after March 14, 2005, the Court will assign a hearing date and notify the parties when all required documents have been filed.  For cases filed before March 14, 2005, one of the parties must file a Request for Assignment form.  

Your request for assignment then goes to the Trial Department to be scheduled for a hearing.  All papers above MUST be filed in order for the Trial Department to schedule a hearing.  If any paper is not filed, including the Parent Education Certificate, your request for assignment will be returned to you and no hearing will be scheduled.  If all papers have been filed, you should receive a hearing notice in the mail stating your Uncontested Trial date. 

IF CHILDREN ARE INVOLVED:

A helpful guide for parents living apart has been prepared by The Massachusetts Association of Family and Conciliation Courts  with the support of the Honorable Sean M. Dunphy, Chief Justice of the Probate and Family Court. (Click here)

An affidavit disclosing care and custody must be filed or the petition for divorce will not be accepted for filing.  Both parents will also be required to participate in a Parent Education Program approved by the Administrative Office of the Probate and Family Court. Please check out the information for the Parent Education Program within our website.  (Click for quick link)

This program is MANDATORY for divorces with minor children, (a minor child is a child under the age of 18 years old at the time of filing) even if the case is uncontested.  A yellow Certificate of Attendance at an approved Parent Education Program must be filed before the case can be assigned for hearing.

The Notice of Uncontested Trial will tell you when your court date will be.  It generally takes approximately 2 to 4 weeks for a Court Date, provided all papers and certificates are received by the Court.    If you do not receive your Notice for a court date within 2 weeks after you file, and you have filed all the appropriate papers, including the Parent Education Certificates, you should contact the court.  You can also e-mail the Register of Probate, RobertMccarthy@pcpfc.com if you do not hear from the Court within a reasonable amount of time.

In any hearing or trial to determine child support, the parties must prepare and present to the Judge, at the hearing or trial, a Child Support guidelines Worksheet (Form CJ-D-304). 

Thirty days after the Judge approves the separation agreement, a Judgment of Divorce Nisi will issue.  The divorce will become final ninety days after the issuance of the decree nisi.  A Certificate of Divorce Absolute can be obtained from the Court on the day after the divorce becomes final for a fee of $20.00.  The Certificate of Divorce Absolute can be requested by filling out the “Request for Copies” form (Click for form) and forwarding it to the Court with your bank check or money order of $20.00.