Business hours 8:00 to 3:00 Monday through Friday        Telephone (413) 586-8500

Welcome to the

Hampshire County Probate and Family Court

Information Center

Welcome to the

Hampshire County Probate and Family Court

Information Center

 

 

 

 

 

 

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.

 

 

 

 
 
 

 

Uncontested Divorce - 1A Divorce

What to file:

  • Filing fee of $215.00 (Payable to "Hampshire County Probate and Family Court".  Bank check or money order is required.  No personal checks are accepted)

  • A Joint Petition for Divorce.  (Click here for a sample)  After you have reviewed the sample, Click here for form 

  • An R408 Form (Click here for form)

  • A certified copy of your marriage certificate - You must get this from the town/city where you were married. 

  • An Affidavit attesting to Irretrievable Breakdown.  An affidavit is a statement signed under the penalties of perjury setting forth the reasons why the marriage has suffered an irretrievable breakdown.  Click here for a Sample.  Each party MUST fill out one form.  After you have reviewed the Sample affidavit (Click here for form)

  • A Separation Agreement, signed by both parties with each signature notarized.  This must address the issues of marital property, proper provisions for alimony (even if it is not requested by either party, custody, support and maintenance of any minor children) Before downloading the Separation Agreement, please download our informational pamphlets entitled:  

  •          1.  Special Language Regarding the Finality of the Terms of your separation agreement.

  •          2.  Division of Marital Property

  • After you have reviewed the above, download the Separation Agreement with children  OR  Separation Agreement without children

  • Financial Statements must be completed by both parties.  (Please note that if you are using the web to download this form, it MUST be printed bonded, acid free paper.  If you make less than $75,000 per year (Click here for form).  If you make over $75,000 per year see below.

  • Worksheet for Child Support Guidelines if there are minor children of the marriage.  This form MUST be printed on bonded, acid free paper.(Click here for information regarding child support)

  • Affidavit Disclosing Care or Custody of a child, if there are any minor children of the marriage.  Click here for a Sample.  After you have reviewed the sample Click here for form)

  • Trial Request Form - Click here for form.

 

  • Other forms, if appropriate:

  • Affidavit of Indigency can be filed to determine if the parties meet the qualifications for the Court to waive the filing fees.

  • If the annual income of either party exceeds $75,000, a different Financial Statement form is required for each party that exceeds $75,000 annual income.  (Click here for form)

Click here for information for Presenting your Uncontested Divorce:

Below is additional Information needed if you have children:

  • PACT PROGRAM.  Both parents will be required to participate in the PACT Program (Parents and Children in Transition).  There is a registration fee and once you have completed the program and your certificates are on file with the Court, your case will be scheduled for hearing.  This program is mandatory even if the case is uncontested.  (Click here for information)

  • DOR Application  (Click here for form)

  • Child Support Guidelines.  (Click here for information about child support)

 

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Copyright 2003 [Hampshire County Probate and Family Court]. All rights reserved.
Revised: August 07, 2013 .